Delhi High Court
Gaurav Thapar & Ors vs The State Through Govt Of Nct Of ... on 5 November, 2019
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 05.11.2019
+ CRL.M.C. 2714/2019
GAURAV THAPAR & ORS ..... Petitioners
Through Ms. Aparna, Adv with petitioner no.1
in person
versus
THE STATE THROUGH GOVT OF NCT OF DELHI
..... Respondent
Through Mr. Izhar Ahmed, APP for State
SI Ranvir singh, PS Roop Nagar
Ms. Shilpi, Complainant/ R-2 in
person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. Vide the present petition, the petitioner is seeking directions
thereby quashing the FIR No.192/2008 registered at P.S. Roop Nagar
for the offences punishable under Sections 498A/406/34 IPC and all
other proceedings emanating therefrom.
2. Notice issued.
3. Learned APP accepts the notice on behalf of the State and with
the consent of the learned counsel for the parties, the present petition
is taken up for final disposal.
4. The present petition has been filed on the ground that the
petitioners and the respondent no.2 have amicably settled all their
disputes with the intervention of elders, relative and friends. Thus, the
respondent no.2 does not want to pursue the present case against the
petitioners, any further.
5. The Respondent no.2, who is present in the Court, has been
identified by the I.O. SI Ranvir Singh, states that her marriage with
the petitioner no.1 has already been dissolved on 03.12.2018 and
since she has got fed up with this case, which is going on since 2008,
therefore, she does not wish to pursue the same. She therefore, has
requested this Court to quash the aforementioned FIR with the
proceedings emanating therefrom.
6. Learned APP appearing on behalf of the State submits that if
this Court is inclined to quash the FIR, heavy costs may be imposed
on the petitioner as the present case was registered way back in the
year 2008 due to which the government machinery came into motion
and a lot of valuable public time has been wasted. The police
conducted investigation and filed the charge sheet, charges have been
framed against the petitioners and the case is pending for prosecution
evidence. It is also submitted that the respondent no.2 has already
been examined.
7. Since the respondent no.2 does not wish to pursue the present
case against the petitioners, therefore, while allowing the petition and
quashing the aforementioned FIR, I hereby find force in the
submissions of the learned APP for the State regarding imposition of
costs. Accordingly, while quashing the FIR No.192/2008 registered
at P.S. Roop Nagar, I hereby impose a cost of ₹.50,000/- each upon
the petitioners. The said cost amount shall be paid in favour of the
Blind School, Kingsway Camp, New Delhi for the welfare of the
inmates of the school.
8. In view of the above, the petition is allowed and FIR
No.192/2008, registered at P.S. Roop Nagar for the offences
punishable under Sections 498A/406/34 IPC and proceedings
emanating therefrom are hereby quashed.
9. The cost imposed shall be paid within a period of two weeks
from today, failing which the Registrar General of this Court shall
ensure recovery of the cost amount from the petitioners, as per law.
10. Order dasti under signatures of the Court Master.
(SURESH KUMAR KAIT)
JUDGE
NOVEMBER 05, 2019
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