Shahid Iqbal Hashmi & Ors. vs State Of Nct Of Delhi & Anr.
2012 Latest Caselaw 420 Del

$~56
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CRL.M.C. No.243/2012

%           Judgment delivered on:20th January, 2012

SHAHID IQBAL HASHMI & ORS.               ..... Petitioners
                      Through : Ms.Garima Prashad &
                      Mr.Shadab Khan, Advs.
              versus


STATE OF NCT OF DELHI & ANR.                  ..... Respondents
                        Through : Mr.Navin Sharma, APP for
                        State with SI William, CAW Cell,
                        Central District, Delhi in person.
                        Mr.K.C. Jain, Adv for R-2 with
                        respondent in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

Crl.M.A.Nos.872 & 873/2012(exemption) Exemptions are allowed subject to just exceptions. Criminal M.As. stand disposed of.

+    CRL.M.C. No.243/2012

1.   Notice issued.

2. Mr.Navin Sharma, learned APP on behalf of respondent No.1/

State and Mr.K. C. Jain, learned counsel on behalf of respondent No.2 accept notice.

3. Learned counsels for parties jointly stated that vide FIR No.152/2003 dated 16.07.2003 under Section 498A/406/34 Indian Penal Code, 1860 and Section 3 & 4 Dowry Prohibition Act was registered against the petitioners at police station Rajender Nagar, Delhi on the complaint of respondent No.2.

4. It is further submitted that the respondent No.2 has settled all the issues qua the aforementioned FIR on 09.06.2011. The marriage between the petitioner No.1 and respondent No.2 has already been dissolved on 10.08.2004 and the Talaqnama has been handed over to respondent No.2 on 08.06.2011. The respondent No.2 is no more interested in further pursuing her case.

5. Respondent No.2 is present in the Court with her learned Mr.K. C. Jain, who duly identifies her. In addition, she has also been identified by SI William of Police Station Rajender Nagar.

6. Learned counsel for respondent No.2, on instructions submits that respondent No.2 is no more interested in pursuing her case and she has no objection, if the present FIR is quashed.

7. Respondent No.2 further submitted that the settlement has been arrived at a total sum of ` 20.00 Lacs; part payment of ` 05.00 Lacs has already been received by her. The balance payment of ` 15.00 Lacs has been received by her today from petitioner No.1 by way of draft bearing No.169720 dated 14.01.2012 drawn on Bombay

Mercantile Co-operative Bank Limited, Daryaganj, Delhi-110 002, without any protest.

8. Mr.Navin Sharma, learned APP for State on the other hand submits that after filing of the charge-sheet, charges have already been framed against the petitioner and the matter is fixed for prosecution evidence before learned Trial Court. He further submitted that 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.

9. Ms.Garima Prasad, learned counsel for petitioners, on instructions from petitioner No.1, submits that he is ready to contribute a sum of ` 1.50 Lacs for some welfare purposes. I appreciate the gesture advanced by petitioner No.1.

10. Keeping the settlement between the parties, dissolution of marriage of petitioner No.1 and respondent and the statement of respondent No.2 into view, FIR No.152/2003 registered against the petitioners at police station Rajender Nagar, and proceedings emanating thereto are hereby quashed.

11. Petitioner No.1 is directed to deposit the amount of ` 1.50 Lacs in favour of Sr. Secondary School for Blind Boys, Sewa Kutir, B.B.M. Depot Road, Kingsway Camp, Delhi, within four weeks from today. Proof thereof shall be placed on the record by petitioner No.1.

12. Since, petitioner No.2 and petitioner Nos.3 &o 4 are mother and sisters respectively of petitioner No.1, I refrain in imposing any costs upon them.

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

14. Accordingly, Criminal M.C.No.243/2012 is allowed and stands disposed of in above terms.

15. Dasti.

SURESH KAIT, J

JANUARY 20, 2012 Mk