Ganesh Kushwah vs State & Anr
2012 Latest Caselaw 946 Del

$~30
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 511/2012

%              Judgment delivered on: 10th February, 2012

GANESH KUSHWAH                                ..... Petitioner
                           Through: Mr. R.K. Sharma, Adv.

                      Versus:


STATE & ANR                                  ..... Respondents
                           Through: Ms.Rajdipa Behura, APP
                           for State/R-1.
                           W/SI Asha, PS-R.K. Puram
                           Ms. Shagun, Respondent no. 2.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl. M.A. 1775/2012 (exemption)

Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+      Crl. M.C. 511/2012

1.     Notice issued.

2. Ld. APP accepts notice on behalf of State / R-1.

3. Respondent no. 2 Ms. Shagun @ Shanti is present in the court.

4. Ld. Counsel for the petitioners submit that vide FIR no. 180 dated 21.03.2006, case under Section 498A/406/34 Indian Penal Code, 1860 was

registered against the petitioners on the complaint of respondent no. 2 at Police Station - R.K. Puram. Thereafter, respondent no. 2 had settled all the issues qua the aforesaid FIR against the petitioners. Consequent to the settlement, marriage between petitioner no. 1 and respondent no. 2 has also been dissolved by mutual consent vide Decree of Divorce dated 03.12.2010.

5. Ld. Counsel for the petitioners further submits that respondent no. 2 had received an amount of Rs. 50,000/- as full and final settlement. Therefore, she is no more interested to pursue the case further.

6. Respondent no. 2 is personally present in the Court. W/SI Asha Sinha, who is also present in the court has identified her as respondent no. 2. Respondent no. 2 submits that she has settled all the issues qua the aforesaid FIR against the petitioners and marriage between her and petitioner no. 1 has already been dissolved, and she has no objection if the present FIR is quashed.

7. Ld. APP on the other hand submits after investigation, chargesheet has been filed in the court and thereafter charges have been framed against the petitioners and the case is pending for trial. Thus, 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.

8. Keeping the settlement between the petitioners and respondent no.2, Decree of Divorce dated 03.12.2010 and the statement of respondent no. 2, who is no more interested to pursue the case, therefore, in the interest of justice I quash FIR no. 180 dated 21.03.2006 registered at PS-R.K. Puram and emanating proceedings thereto.

9. Though, I find force in the submission of ld. APP as in this procees,

Govt. machinery has been pressed into and precious time of the court has been consumed, however, keeping the financial position of the petitioners, I refrain in imposing cost upon them.

10. Crl. M.C. 511/2012 is allowed on the above terms.

11. Dasti.

SURESH KAIT, J

FEBRUARY 10, 2012 jg