Anil Kumar & Ors vs State & Ors.
2012 Latest Caselaw 415 Del

$~48
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No.221/2012

%            Judgment delivered on:20th January, 2012

      ANIL KUMAR & ORS                        ..... Petitioners
                   Through : Mr.M.P.Singh, Adv.

                     versus

      STATE & ORS                                      ..... Respondents
                              Through : Ms.Rajdipa Behura, APP for State.
                              Mr.S.D.S.Rathi, Adv for R-2 and R-3 with
                              both respondents 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 respondent No.1/State and Mr.Rahti, learned counsel on behalf of respondent Nos.2 & 3 accept notice.

3. Learned counsels for parties jointly stated that vide FIR No.70/2003 dated 25.02.2003 under Section 498A/406 Indian Penal Code, 1860 was registered against the petitioners at police station Najafgarh, Delhi on the complaint of Smt.Poonam, since deceased, who was daughter of respondent Nos.2 & 3.

4. It is further submitted that during investigation, Section 34 Indian Penal Code, 1860 has also been added and finally, the charge- sheet under Section 498A/406/34 Indian Penal Code, 1860 filed against the petitioners and matter is pending for recording prosecution evidence.

5. Learned counsels further submits that since complainant has already died, respondent Nos.2 & 3 being father and mother - have come forward and they have settled all the issues qua the aforementioned FIR on 12.12.2011 before the Mediation Centre, Dwarka Courts, Delhi and they are not interested in further pursing the case and have no objection, if the aforesaid FIR is quashed.

6. Ms.Rajdipa Behura, learned APP for State on the other hand submits that matter if this Court is inclined to quash the present FIR, heavy costs should be imposed upon the petitioners as in the process, government machinery has been pressed into and precious public time has been consumed.

7. Keeping the settlement dated 12.12.2011 between the parties, into view, FIR No.70/2003 registered against the petitioners at police station Najafgarh, Delhi and proceedings emanating thereto are hereby quashed.

8. Though, I find force in the submission of learned APP, however, keeping the financial position of petitioners into view, I refrain in imposing any costs upon them.

9. Accordingly, Criminal M.C.No.221/2012 is allowed and stands disposed of in above terms.

10. Dasti.

SURESH KAIT, J

JANUARY 20, 2012 Mk