Full Text
JUDGMENT
Through : Mr.Mahesh Saxena, Adv.
Through: Ms.Ritu Gauba, APP for State.
Mr.Daljeet Dhiman, Adv for R-2 with respondent No.2 in person.
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.372/2004 dated 01.11.2004 a case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners on the complaint of respondent No.2 at police station Farsh Bazar, Delhi.
2. Further submits that vide a decree of divorce dated 2011:DHC:5171 22.07.2005 marriage between petitioner No.1 and respondent No.2 has already been dissolved and settlement has already been arrived at between the parties, therefore, respondent No.2 does not wish to pursue her case any further.
3. Respondent No.1 Ms.Ritu present with her learned counsel Mr.Daljeet Dhiman, who has duly identified her as Ms.Ritu d/o Shri Ram Kishore. Learned counsel, on instruction, further submits that she does not wish to pursue her case against the petitioners qua the aforesaid FIR and the marriage between petitioner No.1 and respondent No.2 has already been dissolved.
4. Ms.Ritu Gauba, learned APP for State submits that subsequent to framing of the charge, matter is pending for completion of prosecution evidence. She further submits that if the Court is inclined to quash the present FIR, heavy costs should be imposed upon the petitioners.
5. Keeping the settlement between the parties and the fact that marriage between petitioner No.1 and respondent No.2 has already been dissolved, respondent No.2 does not wish to continue her case against the petitioners, FIR No.372/2004 under Section 498A/406/34 Indian Penal Code, 1860 registered against the petitioners at police station Farsh Bazar, Delhi and emanating proceedings thereto are hereby quashed.
6. Though, I find force in the submission of learned APP for State, however, keeping the financial position of petitioners, I defer in imposing any costs upon them.
7. Accordingly, Criminal M.C.No.3127/2011 stands allowed in above terms.