Delhi High Court
Narinder Singh & Ors vs State & Anr on 5 March, 2012
Author: Suresh Kait
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.809/2012
% Judgment delivered on: March 05, 2012
NARINDER SINGH & ORS ..... Petitioner
Through : Mr. J.L. Behl, Advocate
versus
STATE & ANR ..... Respondents
Through : Mr. Navin Sharma, APP with SI
Premendra Singh PS Preet
Vihar
Mr. Anshu Saxena, Advocate
for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Notice issued.
2. Learned APP accepts notice on behalf of the State.
3. Learned counsel for respondent No.2 also accepts notice.
4. With the consent of the learned counsel for the parties, the
instant petition is taken up for final disposal.
5. Learned counsel for the petitioner submits that vide FIR
No.696/2005 dated 14.9.2005, a case was registered against the
petitioner under Sec. 498-A/406/34 Indian Penal Code, 1860 on the
complaint of respondent No.2 at PS Preet Vihar.
6. It is further submitted that vide the settlement deed dated
08.02.2011, the petitioners and respondent No.2 have settled all the
issues qua the aforesaid FIR. Petitioner No.1 agreed to pay total
amount of Rs.3 lacs to Respondent No.2. Rs.1.5 lac has already been
paid to respondent No.2 at the time of first motion and the second
motion of the divorce proceedings. It is further submitted that the
balance amount of Rs.1.5 lac is being paid today in the Court vide
Bank draft Nos.239828, 239830, both dated 24.2.2012, 239875 dated
10.2.2012 for Rs. 40,000/- each and No. 23987 dated 10.2.2012 for Rs.
30,000/-, all in the name of respondent No.2 drawn on Punjab & Sind
Bank,Krishna Nagar Branch. The same have been handed over to
respondent No.2 in Court.
7. Learned counsel has submitted that in the circumstances,
respondent No.2 is no more interested to pursue the case any further
and has received the settlement amount. Consequent to the settlement
mentioned above, the marriage between the petitioner No.1 and
respondent No.2 has also been dissolved vide decree of divorce dated
7.12.2011 by mutual consent.
8. Respondent No.2 is present in Court with her counsel namely
Ms. Anshu Saxena. SI Prememdra Singh Rawat, is also present in the
court and has identified him as respondent No.2.
9. Learned counsel for the respondent, on instructions has
submitted that the matter has been settled fully against the petitioners
qua the aforesaid FIR vide settlement dated 08.02.2011. She has
received the entire amount of Rs.3 lacs as per the settlement. Pursuant
to the settlement mentioned above, marriage between them has already
been dissolved by way of decree of divorce dated 7.12.2011 by mutual
consent.
10. It is further submitted that as she has received the amount and
the marriage has been dissolved, she is no more interested to pursue the
case against the petitioner. She has no objection if the FIR mentioned
above and the proceedings emanating therefrom are quashed.
11. Learned APP on the other hand submits that after investigation,
the charge sheet has already been filed and the charges were framed
against the petitioner and the case is pending for prosecution evidence.
It is further submitted that if this court is inclined to quash the FIR,
heavy cost be imposed on the petitioner, as in the process Government
machinery is pressed into and precious public time has been consumed.
12. Keeping in view the settlement dated 8.2.2011, the decree of
divorce dated 7.12.2011 and the statement of respondent No.2 who is
no more interested to pursue the case and in the interest of justice, I
quash FIR and the proceeding emanating therefrom.
13. Though I find force in the submissions of learned APP for
imposing cost, however, keeping in view the financial position of the
petitioner, I refrain to impose cost upon them.
14 Accordingly, Cr.M.C. 809/2012 is disposed of.
15. Order dasti.
SURESH KAIT, J
MARCH 05, 2012
'raj'
