Sunil Kumar and Others vs State NCT of Delhi and Another

Suresh Kait, J.

Crl. M.C. 2996/2011

Ld. Counsel for the petitioners submits that vide FIR no. 479 dated 7.10.2005, case u/s 498A/406/34 Indian Penal Code, 1860 was registered at PS-Timarpur against the petitioners on the complaint of respondent no. 2.

Ld. Counsel for the petitioners further submit that matter has been settled between the parties and pursuant to that marriage between the petitioner no. 1 and respondent no. 2 has been dissolved vide decree dated 05.06.2010.

Ld. Counsel for petitioners further submits that respondent no. 2 is no more interested to pursue the case as she has received the entire amount as has been settled and the balance amount of Rs. 30,000/- is being paid today by way of cheque issued by Indian Bank in favour of respondent no. 2.

Respondent no. 2 is personally present in the court with her counsel, who has identified her as Smt. Neetu, D/o, Sh. Jawahar Singh, R/o, Gali No. 16, Kaushik Enclave, Nathupura, Burari, Delhi.

Ld. Counsel for respondent no. 2 on instruction from respondent no. 2 submits that she does not want to pursue the case further and does not rebut the contention of ld. Counsel for the petitioners.

Ld. APP on the other hand submits that in the instant case chargesheet has been filed and after framing the charges on the petitioners, case is pending before the trial court for Prosecution Evidence. She further submits that if this court is inclined to quash the FIR, heavy cost may be imposed on the petitioners as Govt. Machinery has been pressed and precious time of the court has been consumed.

Though, I find force in the submission of ld. APP for State, however, keeping in view the financial condition of the petitioners. I refrain from imposing cost on the petitioners.

Keeping in view the settlement arrived at between the parties and the Statement of respondent no. 2, I quash the FIR no. 479/05 of PS-Timar Pur with emanating proceedings thereto.

Crl.M.C. 2996/2011 is allowed on the above terms.

Dasti.