Kapil Dua & Ors. vs State Govt. Of Nct Of Delhi & Anr.
2012 Latest Caselaw 267 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No.119/2012

%            Judgment delivered on:13th January, 2012

KAPIL DUA & ORS.                                      ..... Petitioner
                                Through : Mr.Sanjeev Kamra, Adv.

                     versus

STATE GOVT. OF NCT OF DELHI & ANR.          ..... Respondents
                       Through : Ms.Rajdipa Behura, APP for
                       State.
                       Mr Ajay Jain, Adv for R-2 with
                       respondent in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

1. Notice issued.

2. Ms.Rajdipa Behura, learned APP on behalf of State/respondent No.1 and Mr.Ajay Jain, learned counsel on behalf of respondent No.2 accepts notice.

3. Learned counsel for parties jointly stated that vide FIR No.298/2009 dated 09.10.2009 a case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners at police station Shalimar Bagh, Delhi on the complaint of respondent No.2.

4. It is further submitted that 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.Ajay Jain, 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 and she is no more interested in pursuing her case. It is further submitted that vide decree of divorce dated 22.10.2011, marriage between petitioner No.1 and respondent No.2 has been dissolved by mutual consent. She has no objection, if the present FIR is quashed.

7. Respondent No.2 has received today in Court FDR bearing No.957453 for an amount of ` 3.25 lacs dated 07.01.2012 drawn on Union Bank of India, Bhajanpura, Delhi.

8. Ms.Rajdipa Behura, learned APP submits that charge-sheet has already been filed, however, 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.

9. Keeping the statement of respondent No.2 and the fact that marriage between petitioner No.1 and respondent No.2 has already been dissolved, into view, in the interest of justice, FIR No.298/2009

registered against the petitioners at police station Shalimar Bagh, and proceedings emanating thereto are hereby quashed.

10. I find force in the submission of learned APP regarding imposing costs upon petitioners.

11. Mr.Sanjeev Kamra, learned counsel for petitioners, on instructions from petitioner No.1 submits that petitioner No.1 wishes to contribute an amount of ` 50,000/- for some welfare purposes. The gesture of petitioner No.1 is appreciable.

12. Accordingly, petitioner No.1 is directed to deposit the said amount of ` 50,000/- in favour of Sr. Secondary School for Blind Boys, Sewa Kutir, B.B.M. Depot Road, Kingsway Camp, Delhi within three weeks from today. Proof thereof shall be placed on record.

13. The Principal of said school is directed to keep initially this amount in FDR with any nationalised bank for a period of three years and the interest accrued thereupon shall be utilised for the well-being of needy children of that school.

14. Consequently, Criminal M.C.No.119/2012 is allowed and stands disposed of.

15. Dasti.

SURESH KAIT, J JANUARY 13, 2012 Mk