Delhi High Court
Tarun Arora &Ors. vs State Govt. Of Nct Of Delhi & Anr. on 5 March, 2012
Author: Suresh Kait
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.801/2012
% Judgment delivered on: March 05, 2012
TARUN ARORA &ORS. ..... Petitioner
Through : Mr. Deepak Arora, Advocate
versus
STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondent
Through : Ms. Rajdipa Behura, APP with
SI Saran Chand, PS Nanak Pura
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl.M.A. 2827/2012 (Exemption)
Exemption allowed, subject to just exceptions.
The application is disposed of.
CRL.M.C. No.801/2012
1. Notice issued.
2. Learned APP accepts notice on behalf of the State/respondent
No.1. Learned counsel for respondent No.2 also accepts notice.
3. With the consent of the parties, the instant petition is taken up
for disposal.
4. Learned counsel for the petitioner submits that vide FIR No.
103/2010 dated 8.7.2010, a case under Section 498-A/406/34 Indian
Penal Code, 1860 was registered at Police Station Crime (Women) Cell
against the petitioners on the complaint of respondent No.2.
5. It is further submitted that thereafter respondent No.2 and the
petitioner have settled all the issues qua the FIR mentioned above.
Therefore respondent No.2 is no more interested to pursue the case any
further.
6. As is submitted that in pursuance of the settlement between the
parties, marriage between the petitioner and respondent No.2 has been
dissolved by mutual consent vide decree of divorce dated 10.2.2012.
Thus, since respondent No.2 is no more interest in the case, the instant
petition may be allowed.
7. Respondent No. 2 is personally present in the Court with her
counsel and has been identified by the counsel and SI Saran Chand,
I.O. of this case.
8. Learned counsel for respondent No.2, on instructions submit
that petitioner No.1 agreed to pay Rs.11.25 lacs in lump sum for all the
claims of the respondent No.2. Rs. 6 lacs were already paid on
06.06.2011 and Rs.2.25 lac were paid on 9.8.2011. Only Rs.3 lac
remained balance and that has to be paid at the time of quashing of the
FIR mentioned above.
9. Learned counsel now submits that the balance amount of Rs.3
lac has been received in Court by pay Order No.230951 dated
03.03.2012 drawn on Canara Bank, Rohini, Delhi in favour of
Respondent No.2.
10. Learned counsel further submits that since respondent No.2 has
received the entire settlement amount and she is no more interested to
pursue the case, she has no objection if the FIR in question is quashed.
11. Learned APP on the other hand submits that after investigation,
charge sheet has been filed and the case is pending for consideration of
charge.
12. Learned APP further submits that if this Court is inclined to
quash the FIR mentioned above, heavy cost be imposed on the
petitioners, as in the process government machinery has been pressed
into and precious public time has been consumed.
13. I find force in the submission of learned APP on costs. Learned
counsel for the petitioners has come forward on instructions and
submits, petitioner No.1 is willing to contribute Rs.1 lac for some
welfare purpose, however, he has further prayed not to impose cost on
the rest of the petitioners.
14. I find force in the submissions of learned counsel for the
petitioners. Therefore, as advanced by petitioner No.1, I direct him to
pay Rs.1 lac with the 'Delhi High Court Legal Services Committee'
within four weeks from today. Proof thereof shall also be placed on
record. As prayed, I refrain from imposing cost on the petitioner Nos.2
to 5.
15. Keeping in view the circumstances, the fact that respondent No.2
has received entire settlement amount, the statement of respondent
No.2, who is no more interested to pursue the case, dissolution of
marriage by way decree of divorce dated 10.2.2012, and in the interest
of justice, I quash the FIR No.103/2010 PS Nanak Pura and the
proceeding emanating therefrom.
16. Accordingly, CRL.M.C. No.801/2012 is allowed in above terms.
17. Order dasti.
SURESH KAIT, J
MARCH 05, 2012
'raj'
