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Judgment
Suresh Kait, J.
CRL. M.A. 19176/2011 (Exemption)
Allowed subject to all just exceptions.
CRL. M.C. 4120/2011
Notice issued.
Ms. Rajdipa Behura, learned APP accepts notice on behalf of State.
Mr. Devender Khatana, learned counsel accepts notice on behalf of respondent No. 2.
Learned counsel for petitioners submits that vide FIR No. 610 dated 22.04.2006, a case u/s 498A IPC was registered against the petitioners at P.S. Sultanpuri, Delhi.
Learned APP for State submits that the Charge-sheet has been filed and Charges are yet to be framed.
Respondent No. 2 is personally present in the court today. She has been duly identified by her counsel, Mr. Devender Khatana, Advocate
Learned counsel for respondent No. 2, on instructions submits that the matter has been settled amongst the parties and the marriage between petitioner No.1 and respondent No. 2 has been dissolved vide divorce by mutual consent dated 20.09.2011. He submits that respondent No. 2 is no more interested in pursuing the case and has no objection if the present FIR is quashed.
Learned APP for State submits that Government Machinery has been mis-used and precious time of the court has been consumed, therefore, heavy costs shall be imposed before quashing the FIR.
Though, I find force in the submission made by learned APP for State, but keeping in view, the poor financial condition of the petitioners, I refrain imposing costs upon them.
In the interest of justice and keeping in view the statement of respondent No. 2, I quash the FIR No. 610/2006, P.S. Sultanpuri and all the proceedings emanating therefrom.
Criminal M.C. 4120/2011 is allowed.