High CourtsSingle Bench

Anjan Chowdhary and Ors vs State

Delhi High Court · Decided on 23 December 2011 · Citation: (2012) 1 JCC 228

HON’BLE JUDGES
Suresh Kait, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal M.C. 4356 of 2011
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Judgment

23 paragraphs · 353 words

Suresh Kait, J.

CRL. M.A. 19968-69/2011 (Exemption)

Exemption is allowed subject to just exceptions.

Criminal M.A. stands disposed of.

CRL. M.C. 4356/2011

1.

Ld. Counsel for the parties jointly state that vide FIR no. 408 dated 29.07.2006 case u/s 406/498A was registered against the petitioners no. 1,

2 & 3 at PS-Sarojini Nagar on the complaint of petitioner no. 4.

2.

Ld. Counsels further submitted that the petitioners have amicably settled all the disputes qua the aforesaid FIR and petitioner no. 4 is no more

interested to pursue the matter.

3.

It is further submitted that the marriage between the petitioner no. 1 and petitioner no. 4 has been dissolved vide decree of divorce by mutual

consent dated 20.09.2011. Petitioner no. 4 is personally present in the court with her Counsel. She is an Advocate by profession. She understood

what has stated by the ld. Counsels. She has accepted the same as correct.

4.

Ld. APP on the other hand submits that charge sheet has been filed and charges are yet to be framed, and in this process, Govt. machinery has

been pressed and precious time of the court has been consumed. Therefore, if this Court is inclined to quash the FIR heavy cost be imposed on the

petitioner no. 1, 2 & 3.

5.

Ld. Counsel for the petitioners on instruction from petitioner no. 1 submits that he wishes to contribute Rs.35,000/- for the welfare purposes. I

appreciate the gesture.

6.

Accordingly, petitioner no. 1 is directed to deposit the amount of Rs.35,000/- in favour of Nursery School for Mentally Retarded, Mayur Vihar,

Delhi within 2 weeks from today. Proof of the same shall be placed on record.

7.

Head Master / Principal of the said school is further directed to keep this amount in FDR initially for a period of 2 years thereafter renewed it

periodically. Interest accrued thereon shall be utilized for the well being of the needy children of the School.

8.

Keeping the settlement and dissolution of the marriage into view, I quash FIR no. 408/2006 registered at PS-Sarojini Nagar.

9.

Crl.M.C.4356/2011 is allowed on the above terms.