Devendra Kumar & Ors vs State & Anr.
2012 Latest Caselaw 502 Del

$~38
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. No.281/2012

%            Judgment delivered on: 24th January, 2012

DEVENDRA KUMAR & ORS                       ..... Petitioners
                Through : Mr.S.K.Gupta , Adv.

                     versus


STATE & ANR                                           ..... Respondents
                              Through : Mr.Navin Sharma, APP for State
                              with SI Bengali Babu, police station Lajpat
                              Nagar, Delhi in person.
                              Mr.Abhishek Sharma, Adv for R-2.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

Crl.M.A.No.1005/2012(exemption) Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+     CRL.M.C. No.281/2012

1.    Notice issued.

2. Mr.Navin Sharma, learned APP on behalf of respondent No.1/State and Mr.Abhishek Sharma, learned counsel on behalf of respondent No.2 accept notice.

3. Learned counsels for parties jointly stated that vide FIR No.150/2007 dated 12.04.2007 a case under Section 498A/406 Indian Penal Code, 1860 was registered against petitioners at police station Srinivas Puri, Delhi on the complaint of respondent No.2.

4. It is further submitted that vide compromise deed dated 10.12.2010, respondent No.2 and petitioner No.1 have resolved their all issues qua aforementioned FIR and if the same is quashed, respondent No.2 has no objection.

5. Respondent No.2 present in the Court with her learned counsel Mr.Abhishek Sharma, who duly identifies her.

6. Learned counsel for respondent No.2, on instructions submits that vide compromise deed dated 10.12.2010, petitioner No.1 and respondent No.2 have decided to reunite their matrimonial alliance and about 1½ years back, respondent No.2 is living with petitioner No.1 happily as husband and wife. Further, if the aforementioned FIR is quashed, she has no objection.

7. Mr.Navin Sharma, learned APP for State on the other hand submits that on completion of investigation, charge-sheet against the petitioners has already been filed, however, charges have yet not been framed against the petitioners by 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.

8. Keeping the compromise deed dated 10.12.2010, the statement of respondent No.2 and for the welfare of the family, in the interest of justice, FIR No.150/2007 registered against petitioners at police station Srinivas Puri, Delhi and proceedings emanating thereto, are hereby quashed.

9. Though, I find force in the submission of learned APP, however, since petitioner No.1 and respondent No.2 had joined their matrimonial alliance, I refrain in imposing any costs upon the petitioners.

10. In view of above, Criminal M.C.No.281/2011 is allowed and stands disposed of.

11. Dasti.

SURESH KAIT, J JANUARY 24, 2012 Mk