Raj Kumar & Anr vs State
2012 Latest Caselaw 800 Del

$~27
*    IN THE HIGH COURT OF DELHI AT NEW DELHI


+     CRL.M.C. 427/2012

%            Judgment delivered on:6th February, 2012

      RAJ KUMAR & ANR                ..... Petitioner
                   Through : Mr. T. Mohd. Adv.

                     versus


      STATE                      ..... Respondent
                              Through : Mr. Navin Sharma, APP.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

CRL. M.A. 1473/2012 (Exemption)

Allowed subject to all just exceptions.

CRL. M.C. 427/2012
1     Notice issued.
2     Mr. Navin Sharma, learned APP accepts notice on behalf State.
3     With the consent of both the parties, the instant petition is taken
up for final disposal today.
4     Learned counsel further submits that vide FIR No. 125/2010, a

case under Sections 498 A/406/34 IPC was registered against petitioner

No.1 at P.S. Badarpur on the complaint of petitioner No.2. 5 Further submits that the petitioners have amicably settled all the issues qua the aforesaid FIR for a total sum of Rs.2,75,000/- vide agreement dated 19.12.2010. As per the settlement, the petitioner No.1 has already paid Rs.2,00,000/- to petitioner No.2. 6 The petitioner No.1 has brought in cash the remaining Rs.75,000/- and has handed over the same to petitioner No.2, who counted and found them to be correct and accepted without protest. 7 Further submits that consequent to the settlement arrived at between the petitioners, their marriage has been dissolved by way of decree of divorce by mutual consent vide order dated 11.11.2011. 8 Learned APP for State submits that Chargesheet has been filed in the court and charges are yet to be framed. He further submits that in the process Government Machinery has been pressed into and precious public time has been used, therefore, heavy costs may be imposed upon the petitioners.

9 Though I find force in the submissions made by learned APP but keeping in view the poor financial position of petitioner No.1, I refrain imposing costs upon him.

10 Keeping in view the above facts and statement of petitioner No.2 and dissolution of marriage between the petitioners and in the interest of justice, I quash FIR No. 125/2010 registered at P.S. Badarpur, New Delhi and all the proceedings emanating therefrom.

11    Criminal M.C. 427/2012 is allowed.



 12   Dasti.

CRL. M.A. 1474/2012

The application is disposed of being infructuous.

SURESH KAIT, J

FEBRUARY 06, 2012 j