Praveen Kishwan and Others vs State NCT Of Delhi and Others

Suresh Kait, J.—Learned counsel for the petitioners submits that vide FIR No. 428/2007 dated 16.08.2007 a case u/s 498A/406/34 Indian Penal Code, 1860 at police station Sarojini Nagar, Delhi was registered against the petitioners on the complaint of respondent No. 2.

Learned counsel for the petitioners further submits that a settlement has been arrived at between the parties and consequent thereto, they have decided to dissolve the marriage of petitioner No. 2 and respondent No. 2 on a total payment of Rs. 5.0 lacs. Therefore, she is no more interested in pursuing her case further.

Respondent No. 2 is present with her learned counsel Mr. S.S. Bhatia, who identifies her. Learned counsel on instructions from respondent No. 2, submits that all the issues qua the present FIR has been settled. She has no objection, if the present FIR is quashed, provided the petitioner No. 1, in case he resigned from his job or opts for VRS or otherwise cession of the employment, his retrail/service benefits shall be given to the respondent No. 2 for maintaining minor child, in the manner, as agreed between the parties.

Learned counsel for the petitioners, on instructions, submits that this condition is accepted by the petitioner No. 1. In the given situation, he shall do the needful. As stated by learned counsel for the petitioners, in case petitioner No. 1 does not take any steps, registry of this Court is directed to take steps, as per the statement/undertaking of petitioner No. 1.

Today, a part payment of Rs. 1.0 lac has been made by petitioner No. 1 to respondent No. 2 by way of draft bearing No. 969425 dated 23.11.2011 drawn on UCO Bank, High Court of Delhi in favor of respondent No. 2, which has been accepted by her without any protest.

Ms. Rajdipa Behura, learned APP for State, on instructions submits that the charge-sheet has been filed, however charges are yet to be framed. She further submits that if the Court is inclined to quash the FIR, heavy costs should be imposed upon the petitioners, since the government machinery has been used and precious time of the Court has been consumed.

Keeping the settlement entered between the parties and respondent No. 2 does not wish to pursue her case against the petitioner, FIR No. 428/2007 u/s 498A/406/34 Indian Penal Code, 1860 registered at police station Sarojini Nagar, Delhi against the petitioners and emanating proceedings thereto are hereby quashed, subject to the conditions that parties are directed to file joint petition for dissolution of marriage, as settled between them.

I find force in the submission of learned APP for State. Since, petitioner No. 1 is a government servant and keeping his financial status into view, he is directed to deposit a sum of Rs. 10,000/- in favor of ''Delhi Police Welfare Fund, PHQ, LP. Estate, New Delhi'' within two weeks from today. Proof thereof shall be placed on the record.

Consequently, Criminal M.C. No. 3737/ 2011 allowed and stands disposed of in above terms.

Dasti.