Manoj Kumar and Others vs State and Another

Suresh Kait, J.

Crl. M.A. 912/2012 (Exemption)

Allowed subject to all just exceptions.

Crl. M.C. 252/2012

Notice issued.

Mr. Navin Sharma, learned APP accepts notice on behalf of State/respondent No.1.

Mr. D.K. Tyagi, Advocate accepts notice on behalf of respondent No. 2.

Learned counsel for petitioners submits that vide FIR. 116/2009, a case under Sections 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners on complaint of respondent No.2 at P.S. Gulabi Bagh/PratapBagh, Delhi.

Further submits that vide Compromise Deed dated 14.01.2011, the parties have compromised the matter and respondent No.2 has no objection if the present FIR is quashed. It is submitted that the marriage between petitioner No.1 and respondent No.2 has already been dissolved vide decree of divorce dated 30.08.2011.

Respondent No.2 is personally present in the court today. She is duly identified by IO of the case and her counsel.

Learned counsel for respondent No.2 on instructions submits that respondent No.2 does not want to pursue the case anymore in view of the settlement arrived at between the parties.

Learned APP for state submits that Charge-sheet has been filed and the Charges are yet to be framed in the trial court.

Learned APP further submits that if this court is inclined to quash the FIR in the present case, then heavy costs shall be imposed upon the petitioner as in the process, government machinery has been pressed into and precious time of the court has been consumed.

Though, I find force in the submissions made by learned APP for State, but keeping in view the fact that petitioners belong to poor family, I refrain imposing costs upon them.

Keeping in view the above discussion, statement of respondent No.2 into view and in the interest of justice, I quash FIR No. 116/2009 registered at P.S. Gulabi Bagh/Pratap Bagh, Delhi and all the proceedings emanating therefrom.

Criminal M.C. 252/2012 is disposed of.

Dasti.