Delhi High Court
Bal Kishan Arora & Anr vs State & Anr on 28 February, 2012
Author: Suresh Kait
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 748/2012
% Judgment delivered on:28th February, 2012
BAL KISHAN ARORA
& ANR ..... Petitioners
Through: Ms. Sunila Choudhary, Adv.
versus
STATE & ANR ..... Respondents
Through: Ms.Rajdipa Behura, APP for State.
W/SI Vimlesh, PS-Moti Nagar.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl. M.A. 2629/2012 (exemption)
Exemption is allowed subject to just exceptions.
Criminal M.A. stands disposed of.
+ Crl. M.C. 748/2012
1. Notice issued.
2. Ld. APP accepts notice on behalf of State/R1.
3. Respondent no. 2 is personally present in the court.
4. With the consent of the ld. Counsel for parties, instant petition is
taken for final disposal.
5. Ld. Counsel for the petitioners submit that vide FIR no.617
dated 22.11.2007, case under Section 498A/406/34 Indian Penal Code,
1860 was registered against the petitioners on the complaint of
respondent no. 2 at PS-Moti Nagar.
6. It is further submitted that a compromise has been arrived at
between petitioner no. 1 and respondent no. 2, thereby settled all the
issues qua the aforesaid FIR against the petitioners.
7. It is further submitted that consequent to the settlement,
marriage between petitioner no. 1 and respondent no. 2 has been
dissolved vide Decree of Divorce dated 13.05.2011. Thus, respondent
no. 2 is no more interested to pursue the case further, therefore, in the
interest of justice instant petition may be allowed.
8. Respondent no. 2 Smt. Sunita Arora, d/o Sh. Gopi Chand, R/o,
WZ-78, Raja Garden, New Delhi is personally present in the court. In
support of her identity, she has produced Voter I-Card bearing no.
JXR0728659 issued by Election Commission of India. She submits
that she has settled all the issues qua the aforesaid FIR against the
petitioners.
9. She further submits that as per the settlement, petitioner no. 1
had agreed to pay a sum of Rs.5.5 Lacs, out of which she has already
received Rs.4.0 Lacs and balance amount of Rs.1.5 Lac has been
received today in the court itself by way of cash. She further submits
that marriage between her and petitioner no. 1 has been dissolved vide
Decree of Divorce dated 13.05.2011 by mutual consent, therefore, she
is no more interested to pursue the case further. If the FIR referred
above is quashed, she has no objection.
10. Ld. APP on the other hand submits that after investigation State
has filed the charge-sheet. Charges have been framed against the
petitioners and the case is fixed for Prosecution Evidence.
11 Ld. APP further submits that in this process Govt. machinery has
been pressed into and precious time of the court has been consumed,
therefore, if this court is inclined to quash the FIR, heavy costs be
imposed on the petitioners.
12. Keeping the settlement, dissolution of marriage vide Decree of
Divorce dated 13.05.2011 and the statement of respondent no. 2 into
view that she is not interested to pursue the case further, therefore, in
the interest of justice, FIR no. 617 dated 27.11.2007 registered at PS-
Moti Nagar is quashed with emanating proceedings thereto.
13. However, I find force in the submission of ld. APP on costs,
therefore while quashing the FIR referred above, I impose a cost of
Rs.50,000/- on the petitioner no. 1.
14. Accordingly, petitioner no. 1 is directed to pay the aforesaid
amount in favour of Welfare Fund for Children and Destitute Women,
Nirmal Chhaya, Jail Road, Tihar, New Delhi, within 2 weeks from
today within intimation to SHO concerned. Proof thereof shall be
placed on record. SHO concerned shall ensure the timely deposition of
the costs mentioned above.
15. Incharge of Nirmal Chhaya is further directed to keep the
aforesaid amount in FDR initially for a period of 2 years, to be
renewed periodically. Interest accrued thereon shall be utilized for the
well-being of needy children and destitute women.
16. Crl. M.C. 748/2012 is allowed on the above terms.
17. Dasti.
SURESH KAIT, J
FEBRUARY 28, 2012
jg
