Ashish Manchanda & Ors. vs State Nct Of Delhi & Anr.
2012 Latest Caselaw 265 Del

$~22
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CRL.M.C. No.114/2012

%           Judgment delivered on:13th January, 2012

ASHISH MANCHANDA & ORS.                   ..... Petitioner
                Through : Mr.Tarun Goomber & Mr.Pankaj
                Mendiratta, Advs.

                    versus


STATE NCT OF DELHI & ANR.                 ..... Respondent
                   Through : Ms.Rajdipa Behura, APP for State
                   with SI Jagan Nath Prasad, police station
                   Paschim Vihar, Delhi in person.
                   Mr.N. Kumar, Adv for R-2.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

Crl.M.A.No.429/2012(exemption)

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

+    CRL.M.C. No.114/2012

1.   Notice issued.

2. Ms.Rajdipa Behura, learned APP on behalf of State/R-1 and

Mr.N.Kumar, learned counsel on behalf of respondent No.2 accepts notice.

3. Learned counsel for parties jointly stated that vide FIR No.180/2007 dated 27.02.2007 a case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners at police station Paschim Vihar, Delhi on the complaint of respondent No.2.

4. It is further submitted that pursuant to the Memorandum of Understanding dated 02.12.2011, respondent No.2 has settled all the issues qua the aforesaid FIR and she is no more interested in pursuing her case against the petitioners.

5. Respondent No.2 is personally present in the Court with her learned counsel Mr.N. Kumar, who duly identifies her as respondent No.2.

6. Learned counsel for respondent No.2, on instructions submits that she has settled all the issues qua the aforesaid FIR as per the Memorandum of Understanding dated 02.12.2011 and she is no more interested in pursuing her case. She has no objection, if the present FIR is quashed.

7. Ms.Rajdipa Behura, learned APP submits that charge-sheet has already been filed and charge yet to be framed. She further submitted that if this Court is inclined to quash the present FIR, heavy costs may be imposed upon the petitioners, as in the process, government machinery has been pressed into and precious public time has been consumed.

8. Keeping the statement of respondent No.2 and Memorandum of Understanding dated 02.12.2011 into view, in the interest of justice, FIR No.180/2007 registered against the petitioners at police station Paschim Vihar, and proceedings emanating thereto are hereby quashed.

9. On instructions, learned counsel for the petitioners submits that they have no objection, if the FDR of ` 5.00 lacs placed on the record of learned Trial Court be released in favour of respondent No.2.

10. Accordingly, learned Metropolitan Magistrate is directed to release the said FDR in favour of respondent No.2.

11. Consequently, Criminal M.C.No.114/2012 is allowed and stands disposed of.

12. Dasti.

SURESH KAIT, J

JANUARY 13, 2012 Mk