Ramit Pal Singh & Ors vs State & Anr
2012 Latest Caselaw 1494 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI


+            CRL.M.C. 771/2012

%            Judgment delivered on: 2nd March, 2012


RAMIT PAL SINGH & ORS                            ..... Petitioner

                              Through : Mr J.R. Priani, Adv.

                     versus


STATE & ANR                                        ..... Respondents
                              Through : Ms. Rajdipa Behura, APP for
                              State/R1.
                              Mr. A.S. Chowdhary, Adv. for R-2.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl.M.A.No.2720/2012(exemption) Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+     Crl. M.C. 771/2012
1.    Notice issued.

2. Ld. APP accepts notice on behalf of the State/R-1.

3. Mr. A.S. Chowdhary, Adv. accepts notice on behalf of respondent no. 2.

4. With the consent of the parties instant petition is taken for

disposal.

5. Ld. Counsel for the petitioner submits that vide FIR no. 173 dated 02.06.2008, case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners on the complaint of respondent no. 2 at PS-D.B.G Road.

6. It is further submitted that respondent no. 2 and the petitioners have settled their disputes and respondent no. 2 has no grievance against the petitioners. Therefore she is no more interested to pursue the case further. In these circumstances, instant petition may be allowed.

7. Respondent no. 2 is personally present in the court with her counsel namely Mr. A.S.Chowdhary, Adv. W/SI Indu IO of the case has identified her as respondent no. 2.

8. Ld. Counsel for respondent no. 2 on instruction submits that as per the settlement petitioner no. 1 agreed to pay a sum of Rs.17 Lacs to respondent no. 2. Out of which Rs.12 Lacs have already been paid and Rs.5 Lacs is being paid today by way of Bankers Cheque bearing no. 446965 dated 01.11.2011 issued by Punjab & Sindh Bank.

9. It is further submitted that consequent to the aforesaid settlement, joint statement was made before ld. M.M on 15.12.2010, whereby it is recorded that within one month of the second motion of the Decree of Divorce, a petition for quashing of FIR bearing no. 173/2008 under the provisions mentioned above shall be made.

10. Pursuance to the said order, marriage between petitioner no. 1 & respondent no. 2 was dissolved vide decree of divorce dated 03.10.2011 by mutual consent.

11. It is further submitted that since respondent no. 2 has settled all the issues qua the aforesaid FIR, she is no more interested to pursue the case further and if the FIR referred above with emanating proceedings thereto are hereby quashed, she has no objection.

12. Ld. APP on the other hand submits that after investigation charge-sheet has been filed by the State. She further submits that if this Court is inclined to quash the FIR, heavy costs be imposed on the petitioners as in this process Govt. machinery has been pressed into and precious time of the court has been consumed.

13. Keeping the settlement between the parties, joint statement dated 15.12.2010 made before ld. MM, dissolution of marriage between petitioner no. 1 and respondent no. 2 vide Decree of Divorce dated 03.10.2011 into view and in the interest of justice, FIR no. 173 dated 02.06.2008 registered at PS-D.B.G. Road with emanating proceedings thereto are hereby quashed.

14. However, I find force in the submission of Ld. APP on costs. Ld. Counsel for petitioners on instruction has come forward and submitted that petitioner no. 1 wishes to contribute some amount for the welfare purpose. I appreciate this gesture.

15. Therefore, I direct petitioner no. 1 to pay a sum of Rs.50,000/- in favour of "Middle School for Deaf, Sector 4, Rohini, Delhi" within 4 weeks from today with intimation to SHO concerned. Proof of the same shall be placed on record. SHO concerned shall ensure the timely deposition of costs imposed upon the petitioners.

16. I further direct the Principal / Head Master of the said school to keep the said amount in the FDR initially for a period of 02 years, to be

renewed periodically and interest accrued thereon shall be utilized for the well being of the needy children of the said school.

17. Crl. M.C. 771/2012 is allowed on the above terms.

18. Dasti.

SURESH KAIT, J

MARCH 02, 2012 Jg