Delhi High Court
Manish &Ors. vs State & Ors. on 5 March, 2012
Author: Suresh Kait
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.803/2012
% Judgment delivered on: March 05, 2012
MANISH &ORS. ..... Petitioner
Through : Mr. Ajit Singh and Mr. Giri Raj
Singh, Advocates
versus
STATE & ORS. ..... Respondent
Through : Mr. Navin Sharma, APP
Mr. (Name not given), Advocate
for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl.M.A. 2828/2012 (Exemption)
Exemption allowed, subject to just exceptions.
The application stands disposed of.
CRL.M.C. No.803/2012
1. Notice issued.
2. Learned APP accepts notice on behalf of the State/respondent
No.1. Learned counsel for respondent No.2 accepts notice.
3. With the consent of the parties, the instant petition is taken up
for final disposal.
4. Learned counsel for the petitioner submits that vide FIR
No.94/2011 dated 4.3.2011, a case under Section 498-A/406/34 Indian
Penal Code, 1860 was registered at PS Sun Light Colony against the
petitioners on the complaint of respondent No.2.
5. It is further submitted that vide settlement dated 20.04.2011,
respondent No.2 and the petitioner have amicably settled all the issues
qua the aforesaid FIR. As per the said settlement, the petitioner No.1
agreed to pay to respondent No.2 an amount of Rs.2.75lacs as lump
sum amount for all the claims. Rs.1.25 lac has already been paid at the
time of first motion and Rs.1lac has been paid at the time of second
motion of the divorce proceedings. It is further agreed that Rs.50,000/-
may be paid at the time of quashing of the FIR.
6. Learned counsel further submits that Rs.50,000/- is being paid in
the Court today by way of a cheque which is handed over to
respondent No.2, which she accepted without any protest.
7. Learned counsel has prayed in the circumstances, that since
respondent No.2 is no more interest to pursue the case as the matter has
been settled, in pursuance of the settlement mentioned above, marriage
between the petitioner No.1 and respondent No.2 has been dissolved
vide decree of divorce dated 14.02.2012, therefore, the instant petition
may be allowed.
8. Respondent No.2 is personally present in the court with her
counsel, who duly identified her as respondent No.2. Learned counsel
on instructions, has submitted that respondent No.2 has settled all the
issues qua the aforesaid FIR vide settlement dated 20.4.2011. Pursuant
thereto, the respondent has received the entire amount of settlement i.e.
Rs.2.75 lacs for all claims.
9. It is further submitted that in pursuance of settlement the
marriage between the petitioner No.1 and respondent No.2 has also
been dissolved by mutual consent vide decree of divorce dated
14.2.2012. Since, respondent No.2 has settled all the issues qua the
petitioners; therefore, she is no more interested to pursue the case and
has no objection if the FIR mentioned above is quashed.
10. Learned APP on the other hand submits that in the instant case
the charge sheet has not been filed because of the fact that respondent
No.2/complainant has already settled all the issues qua the aforesaid
FIR with the petitioners. Learned APP has further submitted that if the
Court is inclined to quash the FIR, heavy cost be imposed on the
petitioners.
11. Though, I find force in the submission of learned APP, however,
keeping in view the financial position of the petitioners, I refrain to
impose any cost on them.
12. Keeping in view the settlement, decree of divorce by mutual
consent between petitioner No.1 and respondent No.2, the statement of
respondent no.2 who is no more interested to pursue the case, and in
the interest of justice, the FIR No. 94/2011 dated 04.3.2011 PS Sun
Light Colony, is accordingly quashed.
13. CRL.M.C. No.803/2012, is accordingly allowed.
14. Order dasti.
SURESH KAIT, J
MARCH 05, 2012
'raj'
