Bhupender Singh Dhunna & Ors. vs Dimple Dhunna & Anr.
2012 Latest Caselaw 302 Del

$~36
*    IN THE HIGH COURT OF DELHI AT NEW DELHI


+        CRL.M.C. 158/2012

%               Judgment delivered on: 16th January, 2012


         BHUPENDER SINGH DHUNNA & ORS. ..... Petitioners
                      Through : Petitioner in person.

                        versus


         DIMPLE DHUNNA & ANR.                 ..... Respondents
                     Through : Mr. S.K. Singh, Adv. for R1.



CORAM:
HON'BLE MR. JUSTICE SURESH KAIT



SURESH KAIT, J. (Oral)

CRL. M.A. 606/2012 (Exemption) Allowed subject to all just exceptions.

CRL. M.A. 605/2012 (Delay) Delay condoned. Application disposed of.

CRL. M.C. 158/2012.

1        Notice issued.
2        Mr. S.K. Singh, Advocate accepts notice on behalf of respondent
No. 1.


 3       Ms. Rajdipa Behura, learned APP accepts notice on behalf of
respondent No. 2/State.
4       The petitioner No. 1/Mr. Bhupender Singh Dhuna is personally

present in the court today and submits that vide FIR No.159/2009, a case under Sections 406/498A/34 Indian Penal Code, 1860 was registered against the petitioners on the complaint of respondent No.1. He further submits that vide settlement dated 28.08.2010, the parties have amicably settled all the issues qua the aforesaid FIR. It is further submitted that out of the total settled amount of Rs.2Lacs, an amount of Rs.1.5Lacs has already been given to respondent No.1 by petitioner

5 Respondent No.2 is personally present in the court today. She has been duly identified by her advocate, Mr. S.K. Singh. 6 Petitioner No. 1 has handed over a Bank Pay Order No. 697177 dated 02.09.2011, drawn on UCO Bank, Pusa Road, New Delhi 110060 to respondent No.1 for the balance sum of Rs.50,000/-, which has been accepted by respondent No.1 without protest. 7 Learned counsels for the parties jointly submit that the marriage between petitioner No.1 and respondent No.1 has already been dissolved vide decree of divorce dated 20.04.2011. 8 Learned counsel for the respondent No.1 further submits that respondent No. 2 has no objection if the present FIR is quashed as she is no more interested in pursuing the case further in view of settlement arrived at between the parties.

9 Learned APP for State on the other hand submits that the investigations of the case are at advanced stage. He further submits that

in the process, the Government Machinery has been pressed and the precious time of the court has been consumed, therefore, the petitioners shall be charged with heavy costs, while quashing the FIR. 10 Though, I find force in the submissions made by learned APP for State, but keeping in view the poor financial condition of the petitioner No.1, I refrain myself from imposing costs upon him. 11 In view of the statement of respondent No. 1, dissolution of marriage dated 20.04.2011 and in the interest of justice, I quash the FIR No. 159/09 registered at P.S. Rajender Nagar, Delhi and all the proceedings emanating therefrom.

12    Criminal M.C.158/2012 is allowed.
13    Dasti.



                                                   SURESH KAIT, J

JANUARY 16, 2012
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