Manish Nagpal & Ors vs State & Ors.
2012 Latest Caselaw 766 Del

$~21
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C.No.170/2012

%            Judgment delivered on: 03rd February, 2012

MANISH NAGPAL & ORS                                   ..... Petitioners
                                Through : Ms.Veena Kalra, Adv.

                     versus

STATE & ORS.                                          ..... Respondents
                                Through : Mr.Navin Sharma, APP for
                                State/R-1 with SI Rakesh Dhuan,
                                police station Keshav Puram, Delhi in
                                person.
                                Mr.Mukesh Sharma, Adv for R-2 with
                                respondent in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Learned counsel for parties jointly submitted that vide FIR No.51/2010 dated 14.02.2010 a case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners at police station, Keshav Puram, Delhi, on the complaint of respondent No.2.

2. It is further submitted that vide settlement dated 26.03.2011 arrived before learned Judge-1, Family Court, Rohini, Delhi, respondent No.2 has settled all the disputes qua the aforementioned FIR with the petitioners. As per the settlement, petitioner No.1 had

agreed to pay a sum of ` 5.50 Lacs to respondent No.2. Out of which a sum of ` 4.00 Lacs had already been paid and the balance amount of ` 1.50 Lacs is being paid today in the Court, vide draft No.002280 dated 04.01.2012 drawn on ICICI Bank in favour of respondent No.2, which has been accepted by respondent No.2 without any protest.

3. Learned counsel for parties further submitted that since the respondent No.2 has settled all the disputes qua aforementioned FIR and agreed amount of ` 5.50 Lacs has been received by her, therefore, FIR in the instant matter may be quashed.

4. Ms.Nidhi Kapoor, respondent No.2 is present in the Court with her learned counsel Mr.Mukesh Sharma, who duly identifies her. In addition, she has also been identified by IO/SI Rakesh Dhuan, police station Keshav Purma, Delhi as respondent No.2.

5. Learned counsel for respondent No.2, on instructions submits that she has no objection, if the aforementioned FIR be quashed.

6. Mr.Naveen Sharma, learned APP for State on the other hand, on instructions submits that consequent to filing of the charge-sheet against the petitioners, cognizance has already been taken by learned Trial Court and matter is pending for framing of charge.

7. Further he submits that if this Court is inclined to quash the aforementioned FIR, petitioners may be put to some terms, as in this process, government machinery has been pressed into and precious public time has been consumed.

8. Keeping the above discussion into view and the fact that respondent No.2 is no more interested in pursuing her case against the petitioners pursuant to settlement dated 26.03.2011, in the interest of justice, FIR No.51/2010 registered against the petitioners at police station Keshav Puram, and proceedings emanating thereto are hereby quashed.

9. Finding force in the submission of learned APP for State and the considering the fact that petitioner No.1 is working some company and getting ` 30,000/- per month, in the interest of justice, a costs equivalent to one month salary i.e. ` 30,000/- is imposed upon him. However, as petitioner No.2 who is mother of petitioner No.1 and a 'house-maker' having no independent source of income, I refrain in imposing any costs upon her.

10. Accordingly, petitioner No.1 is directed to deposit the above costs of ` 30,000/- in favour of 'Senior Secondary School for Blind Boys, Sewa Kutir, B.B.M. Depot Road, Kingsway Camp, Delhi', within two weeks from today, under intimation to the IO/SHO, PS Keshav Puram, Delhi.

11. The Principal/Head Master of above school is directed to keep the above amount of costs in FDR initially for 02 years with any Nationalized bank and thereafter get it renewed periodically. The interest accrued thereon shall be utilized for the well being of the needy children of the school.

12. The IO concerned/SHO, police station Kehsav Puram, Delhi

shall ensure the timely costs deposition by petitioner No.1 with said school.

13. Consequently, Criminal M.C.No.170/2012 is allowed and stands disposed of in above terms.

14. Dasti.

SURESH KAIT, J FEBRUARY 03, 2012 Mk