Ranjeet Singh & Ors vs State & Anr
2012 Latest Caselaw 986 Del

$~25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 521/2012

%              Judgment delivered on:13th February, 2012

RANJEET SINGH & ORS              ..... Petitioners
                  Through : Mr.J.S. Kanwar and Mr. Sanjay
                  Kr., Advs.

                      versus

STATE & ANR                                      ..... Respondents
                               Through : Ms. Rajdipa Behura, APP
                               for State/R-1.
                               Mr. Ajeet K.S. Bhaduria, Adv. for R-2.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl.M.A.No.1828/2012(exemption) Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+      Crl. M.C. 521/2012

1.     Notice issued.

2. Ld. APP accepts notice on behalf of state / R1.

3. Mr. Ajeet K.S. Bhaduria, Adv. accepts notice on behalf of respondent no. 2.

4. With the consent of parties, instant petition is taken for disposal.

5. Ld. Counsel for the petitioner submits that vide FIR no. 208

dated 13.04.2010 case under Section 498A/406/34 Indian Penal Code, 1860 was registered at PS-Shahdra, against the petitioners on the complaint of respondent no. 2.

6. It is further submitted that vide settlement dated 09.08.2010, respondent no. 2 has settled all the issues qua the aforesaid FIR and petitioner no. 1 had agreed to pay Rs.4,50,000/- to respondent no. 2. Out of the said amount, Rs.3,50,000/- has already been received and the balance amount of Rs.1 Lac has been handed over by cash to respondent no. 2.

7. Pursuant to the settlement mentioned above, marriage between petitioner no. 1 and respondent no. 2 has been dissolved by mutual consent vide Decree of Divorce dated 19.08.2011.

8. Respondent no. 2 Smt. Daljeet Kaur, D/o, Sardar Jasvinder Singh is present in person with her Counsel Sh. Ajeet K.S. Bhaduria, Adv. who has duly identified her as respondent no.2. In support of her identity, has also produced Voter I Card No. bearing no. TPE0568089 issued by Election Commission of India.

9. Ld. Counsel for respondent no. 2 on instruction has submitted that respondent no. 2 has settled all the issues qua the aforesaid FIR vide settlement dated 19.08.2010 and thereafter marriage between petitioner no. 1 and respondent no. 2 has been dissolved vide Decree of Divorce dated 19.08.2011.

10. Ld. Counsel further submits that respondent no. 2 has received the total agreed amount from petitioner no. 1 and she is no more interested to pursue the case further and if the FIR mentioned above is quashed, she has no objection.

11. Ld. APP on the other hand submits that charge-sheet has been filed in the court and charges are yet to be framed. She further submits that if this Court is inclined to quash the FIR, heavy costs be imposed on the petitioner as in this process, Govt. machinery has been pressed into and precious public time has been consumed.

12. Keeping the settlement dated 09.08.2010, statement of respondent no. 2, Decree of Divorce dated 19.08.2011 and in the interest of justice as respondent no. 2 is no more interested to pursue the case, FIR no. 208 dated 13.04.2010 registered at PS-Shahdra and emanating proceedings thereto is hereby quashed.

13. Though I find force in the submission of ld. APP, however, keeping the financial position of the petitioners into view, I refrain in imposing cost on them.

14. Crl. M.C. 521/2012 is allowed on the above terms.

15. Dasti.

SURESH KAIT, J

FEBRUARY 13, 2012 jg