Suresh Kumar Mishra & Ors vs State & Anr
2012 Latest Caselaw 633 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CRL.M.C. 2151/2011

%           Judgment delivered on:30th January, 2012

     SURESH KUMAR MISHRA & ORS         ..... Petitioner
                 Through:Mr. R.N. Jha,Adv.

                    versus

     STATE & ANR                                      ..... Respondents
                             Through : Mr.Satish Mishra, Adv for
                             Ms.Rajdipa Behura, APP for State.
                             Mr. J.B. Choudhary, Adv. For R-
                             2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide order dated 08.12.2012, it is recorded as under:-

"1. Vide the instant petition, petitioners are seeking to quash the FIR No.301/2003 under Section 498A/406/34 Indian Penal Code, 1860 registered at police station Timar Pur, Delhi against them on the complaint of respondent No.2.

2. Learned counsel for the petitioners further submits that matter has been settled before the Judge/Conciliation Courts, Delhi on 04.05.2008.

3. I note that petitioner No.1 agreed to return gold jewellery weighing 12 Tolas to respondent No.2/complainant and in case of failure to do so, he shall give the FDR for an amount of ` 1.00 Lac in lieu of the gold jewellery

in the name of complainant. The said settlement is a pre-condition as mentioned above.

4. Learned counsel for the petitioners on instructions, submits that the amount of ` 1.00 Lac has already been given to respondent No.2, which is not acknowledged by respondent No.2, who is present in person in the Court.

5. At the request of learned counsel for petitioners, re-notified for 30.01.2012 and petitioner No.1 agreed to bring the FDR in sum of ` 1.00 Lac in favour of respondent No.2."

2. Today, respondent No.2, Smt. Ekta d/o of Shri Sachidanand Upadhyay and w/o Shri Suresh Kumar Mishra, is personally present with her counsel Mr. J.B. Choudhary.

3. The petitioner has brought two FDRs of ` 50,000/- each bearing No.240700DP00002111 dated 26.12.2011 & No. 240700DP00002120 dated 27.12.2011 issued by Punjab National Bank which are seen and handed over to the complainant in original. She has accepted the same without any protest.

4. Ld. Counsel for respondent No.2, on instructions, submitted that she has settled all the issues qua the aforesaid FIR and the petitioner No.5, husband, and respondent No2., complainant, are living together as husband and wife since 2008, therefore, she has prayed that the aforesaid FIR may be quashed.

5. Keeping in view the statement of the respondent No.2/complainant and the fact that they are living as husband and wife happily, in the interest of justice, I quash the FIR No.301/2003

registered at PS Timar Pur, Delhi and all criminal proceedings emanating therefrom.

6. Accordingly, Crl. MC 2151/2011 stands allowed and disposed of.

7. Crl. M.A. No. 7801/2011 is dismissed as infructuous.

SURESH KAIT, J

JANUARY 30, 2012 RS