Siya Ram Mishra & Ors vs State & Ors
2012 Latest Caselaw 1865 Del

$~51

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CRL.M.C. 966/2012

%             Judgment delivered on:19th March, 2012


SIYA RAM MISHRA & ORS                    ..... Petitioner
                  Through:Mr. A.K. Mishra, Adv.

                      versus

STATE & ORS                                             ..... Respondents
                               Through: Mr. Naveen Sharma, APP for State.
                               Mr. S.A. Khan, Adv. for R-2 with R-2 in
                               person.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KAIT

                       ORDER

% 19.03.2012

Crl.M.A. 3375/2012 (exemption) Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+      CRL.M.C. 966/2012

1.     Notice issued.

2. With the consent of the learned counsel for the parties instant petition is taken for final disposal.

3. Learned counsel for the Petitioner submits that vide FIR No. 286 dated 17th May, 2008 case for offences punishable under Section 498-

A/406 IPC was registered against the Petitioners on the complaint of Respondent No.2 at PS-Shakarpur.

4. Learned counsel further submits that vide agreement / settlement dated 29th January, 2010 arrived at between the Petitioner No.1 and Respondent No.2, all issues qua the aforesaid FIR has been settled. Pursuant to the aforesaid agreement, the Petitioner paid Rs. 1.5 Lacs to the Respondent No.2 and Rs. 50,000/- by cash is being paid today in the Court.

5. Learned counsel further submits that even the marriage between the Petitioner No.1 & Respondent No.2 has already been dissolved by mutual consent vide decree of divorce dated 25th April, 2011. Therefore, Respondent No.2 is no more interested in pursuing the case further. In these circumstances the instant petition may be allowed.

6. Respondent No.2 is personally present in the Court with her counsel namely Sh. S.A. Khan and she is identified by SI S.K. Vishesh I.O. of the case.

7. Learned counsel for the Respondent No.2 on instruction submits that she has settled all the issues qua the aforesaid FIR against all the Petitioners. She has received the total settlement amount as agreed by the Petitioner No.1 in settlement. More so marriage between her and Petitioner No.1 has been dissolved by mutual consent vide decree of divorce dated 25th April, 2011. Therefore, she is no more interested to pursue the case and if the above-mentioned FIR is quashed, she has no objection.

8. Learned APP on the other hand submits that the State has filed a charge-sheet, however same is pending for consideration. Learned

APP further submits that if this Court is inclined to quash the abovementioned FIR, heavy costs be imposed on the petitioners as in this process Government machinery has been pressed into and precious time of the court has been consumed.

9. Keeping in view the settlement mentioned above, statement of the Respondent No.2 who is no more interested to pursue the case further as she has received the entire settlement amount, in the interest of justice I quash the aforesaid FIR no. 286 dated 17.05.2008 registered at PS-Shakarpur with emanating proceedings thereto.

10. Though I find force in the submission of Learned APP for the State, however, keeping in view the financial position of the Petitioners, I refrain from imposing the costs upon them.

11. Crl. M.C. 966/2012 is allowed accordingly.

12. Dasti.

SURESH KAIT, J

MARCH 19, 2012 'ga'/jg