Delhi High Court
Nitin Pal & Ors vs State & Anr on 19 January, 2012
Author: Suresh Kait
$~05
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.3638/2011
% Judgment delivered on:19th January, 2012
NITIN PAL & ORS ..... Petitioner
Through : Mr. Abhijit Puri, Adv.
versus
STATE & ANR ..... Respondent
Through : Ms. Rajdipa Bihura, APP
for the State.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Learned counsel for the petitioner submits that FIR No.8
dated 19.1.2011 under Section 498-A/406/34 Indian Penal Code, 1860
was registered on the complaint of respondent no.2 against the
petitioners at police station Crime (Women) CAW Cell Nanak Pura.
2. Learned Counsel further submits that the matter has
already been settled between the parties and respondent no.2 is no
more interested to pursue the case. Even the marriage between the
petitioner no.1 and respondent no.2 has been dissolved vide decree of
divorce dated 31.10.2011.
3. Respondent no.2 is present in Court with her counsel. She
has come with her father, namely, Jeevan Kumar Monga. Learned
counsel on instructions from respondent no.2 submits that pursuant to
the settlement arrived at between the petitioner and respondent no.2
marriage has been dissolved as stated by learned counsel for the
petitioner.
4. For identification they have produced their Voter Cards
issued by Election Commissioner of India bearing No.GXX1157890 of
Anupa and bearing No.GXX1157809 of Mr.J.K.Monga. Originals
seen and returned to respondent no.2 and her father, namely Jeevan
Kumar Monga.
5. Learned counsel on instructions further submits that at the
time of settlement the petitioner agreed to pay ` 6.75 lacs to respondent
no.2. The amount of ` 5.00 lac have already been received.
Apartfrom that ` 1,75,000/- has been received today in the Court by
way of Banker's cheque bearing no.812265 dated 18.1.2012 drawn on
State Bank of Hyderabad, PSB KG Marg, New Delhi.
6. Learned APP on the other hand submits that investigation
is going on. Chargesheet is yet to be filed. She further submits that if
this Court is inclined to quash the FIR heavy cost heavy costs should
be imposed upon the petitioners, as the government machinery has
been used and precious time of the Court has been consumed.
7. Keeping the settlement in view and the statement of
respondent no.2 and the decree of divorce dated 31.10.2011 and in the
interest of justice I quash the FIR No.8/2011 registered at Police
Station CAW Cell Nanak Pura.
8. I find force in the submission of learned APP. Therefore,
I, impose a cost of ` 1 lac on the petitioner no.1. I refrain from
imposing cost on petitioner no.2 who has retired from BHEL and
petitioner no.3 who is his wife and is a home maker and is not earning.
Petitioners No.4 and 5 are the sister and brother in-law of petitioner
no.1. Therefore, I refrain from imposing Cost on them also.
9. Petitioner no.1 is directed to deposit the amount of ` 1 lac
in favour of Govt. Lady Noyee School for Deaf, Delhi Gate behind
Ferozashah Stadium within three weeks from today. Proof of the same
shall be placed on record by the petitioners.
10. The Principal of Govt.Lady Noyee School for Deaf, is
further directed to keep this amount in FDR form initially for a period
of two years with periodical renewals thereafter and interest thereupon
shall be utilized for the well being of needy students of the said school.
11. Crl. M.C.3638/2011 is allowed.
12. Dasti.
SURESH KAIT, J
JANUARY 19, 2012
nt
