Kishan Saini @ Kallu & Ors v. State

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 in the Digest? No.

SURESH KAIT, J. (Oral)

1. Learned counsel for petitioners submits that vide case FIR No.425/2006 dated 29.07.2006 a case under Section 498A/406/34 Indian Penal Code was registered against the petitioner Nos.[1] to 5 on the complaint of petitioner No.6 at police station Vikas Puri, New Delhi.

2. Further submits that a compromise arrived at between the petitioner Nos.[1] to 5 and petitioner No.6 on 17.01.2006 2011:DHC:5170 whereby they have settled all the issues qua the aforesaid FIR. Pursuant to that compromise, vide divorce decree dated 10.08.2007 the marriage between the petitioner No.1 and petitioner No.6 has been dissolved. Consequently, petitioner No.6 does not wish to pursue the present case against the petitioner Nos.[1] to 5.

3. Petitioner No.6, Ms.Hema Saini personally present with her father namely Shri R. P. Saini and submits that she has settled all the issues qua the aforesaid FIR pursuant to the compromise dated 17.01.2006 and her marriage with petitioner No.1 has already been dissolved vide decree dated 10.08.2007. She does not wish to pursue her case against petitioner Nos.[1] to 5 and she has no objection, if the present FIR is quashed.

4. Ms.Ritu Gauba, learned APP for State submits that after framing of the charges against petitioner Nos.[1] to 5, matter is pending for completion of prosecution evidence before learned Trial Court. She further submits that if this Court is inclined to quash the present FIR, heavy costs should be imposed upon petitioner Nos.[1] to 5.

5. Keeping the settlement dated 17.01.2006 into view and the fact that marriage between the petitioner No.1 and petitioner No.6 has since been dissolved and petitioner No.6 does not wish to continue with the present FIR, in the interest of justice, FIR No.425/2006 under Section 498A/406/34 Indian Penal Code registered against the petitioner Nos.[1] to 5 at police station Vikas Puri, New 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 petitioner Nos.[1] to 5 into view, I defer in imposing any costs upon them.

7. Accordingly, Criminal M.C.No.3194/2011 stands allowed in above terms.