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High CourtsSingle Bench(2011) 09 DEL CK 0490

Ashok Kumar and Others vs State Govt. of NCT of Delhi and Others

Delhi High Court · Decided on 26 September 2011

HON’BLE JUDGES
Suresh Kait, J
RESULT
Allowed
CASE NUMBER
Criminal M.C. 3226 of 2011
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Judgment

13 paragraphs · 376 words

Suresh Kait, J. (Oral)

1.

Issue notice.

2.

Mr. C.S. Chauhan, Advocate accepts notice on behalf of Ms. Rajdipa Behura, learned APP for the State. Mr. Ashutosh Gupta, Advocate accepts notice on behalf of Respondent No. 2

3.

FIR No. 233/2003 was registered against the Petitioners under Sections 498A/406/34 Indian Penal Code, 1860 at P.S. Narela on the complaint of Respondent No. 2.

4.

Learned Counsel for the parties submits that the matter has already been settled between Respondent No. 2 and Petitioner No. 1. Pursuant to the said Settlement, a decree of divorce has already been granted u/s 13B(2) of Hindu Marriage Act 1955 by mutual consent.

5.

Learned Counsel for the Petitioner further submits that since the matter has already been settled between Respondent No. 2/complainant and the Petitioners, therefore the present FIR may be quashed.

6.

Respondent No. 2 Ms. Anita, is personally present in the Court with her paternal uncle (Tau) Shri Ram and counsel Mr. Ashotosh Gupta. Respondent No. 2 is working as LDC in District and Sessions Judge Office, Tis Hazari. Her employee No. is 76523370. She states that, all issues have been settled qua the aforesaid FIR, therefore, she does not wish to pursue the case further. She has no objection, if the aforesaid FIR is quashed.

7.

Learned APP for the State and Learned Counsel for the Petitioners submit that after framing the charges, the matter is pending for prosecution evidence before the Trial Court.

The next date fixed for hearing before the learned Trial Court is 24.11.2011

8.

Keeping in view the fact that a settlement has already been arrived at, the marriage between Petitioner No. 1 and Respondent No. 2 has already been dissolved and finally that, Respondent No. 2 does not want to pursue the case any further. In the interest of justice, I quash the FIR No. 233/2003 dated 09.07.2003 registered at Narela and emanating proceedings thereto.

9.

Although the Government machinery has been pressed into and the precious time of the Court has been consumed, I keep in view the financial position of the Petitioners, and, therefore, I defer from imposing costs on them.

10.

Crl.M.C. No. 3226/2011 is allowed.

11 Crl.M.A. No. 11440/20011 has become infructuous and is disposed of as such.