$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C.No.3235/2011
% Judgment delivered on:27th September,2011
BHARAT @ TITU & ORS ..... Petitioners
Through : Mr.Pratap Singh, Adv.
versus
STATE & ANR ..... Respondent
Through: Ms.Rajdipa Behura, APP for
State/Respondent No.1.
Mr.Ashok Kumar Sabharwal, Adv for
respondent No.2 with respondent in
person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
1. Whether the Reporters of local papers
may be allowed to see the judgment? NO
2. To be referred to Reporter or not? NO
3. Whether the judgment should be reported NO
in the Digest?
SURESH KAIT, J. (Oral)
1. Learned counsel for the petitioners submits that vide
FIR No.107/2008 dated 04.03.2008 a case under Section
498A/406/34 Indian Penal Code, 1860 has been registered
against the petitioners on the complaint of respondent No.2
at police station Patel Nagar, New Delhi.
Crl.M.C.No.3235/2011 Page 1 of 4
2. Further submits that a settlement has already been
arrived at between the petitioners and respondent No.2
before the Mediation Centre, Tis Hazari Courts, Delhi on
18.05.2011. Vide decree of divorce dated 01.02.2011,
marriage between the respondent No.2 and petitioner No.1
has been dissolved.
3. Learned counsel for the petitioners further submitted
that respondent No.2 does not wish to pursue present case
any further.
4. Respondent No.2 is present in person with her learned
counsel Mr.Ashok Kumar Sabharwal, Advocate who has duly
identified her. Shri Sunil Kumar, brother of respondent No.2
is also present with respondent No.2. In addition, respondent
No.2 has produced her original voter identity card bearing
No.SMM0050567, which is issued in her name by Election
Commission of India. Original seen and returned to her.
5. Respondent No.2 submits that she has settled the
matter with the petitioners and as per settlement dated
18.05.2011, she has received total amount of ` 2,30,000/-
and nothing remains due against the petitioners and she
Crl.M.C.No.3235/2011 Page 2 of 4
does not wish to pursue present case against the petitioner.
She has no objection, if the present FIR is quashed.
6. Ms.Rajdipa Behura, learned APP for State submits that
after investigation in the present matter, charge-sheet has
been filed and matter is pending trial after framing of
charge. Thus, government machinery has been used and if
the quashing is allowed, heavy costs must be imposed upon
the petitioners.
7. Keeping the settlement dated 18.05.2011 into view and
the fact that marriage between the respondent No.2 and
petitioner No.1 has already been dissolved and respondent
No.2 does not wish to pursue her case any further, in the
interest of justice, FIR No.107/2008 under Section 498A/406/
34 Indian Penal Code, 1860 registered against the
petitioners at police station Paten Nagar, New Delhi and the
proceedings emanating thereto are hereby quashed.
8. I find force in the submission of learned APP for State,
however considering the financial conditions of the
petitioners, I refrain in imposing any costs upon them.
Crl.M.C.No.3235/2011 Page 3 of 4
9. Accordingly, Criminal M.C. No.3235/2011 is allowed and
disposed of in above terms.
10. Dasti.
SURESH KAIT, J
September 27, 2011
Mk
Crl.M.C.No.3235/2011 Page 4 of 4