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\ $-37 HIGH COURT OF DELHI
CRL.M.C. 3278/2011
ANIL KUMAR & ORS ..... Petitioners
Through : Mr. Amit Gupta, Adv.
Through : Ms. Ritu Gauba, APP for the State Mr. S. Bharti, Adv.for R-2 with R-2 in person
/o 28.09.2011 Crl.
M.A. No. 11647/2011(Exemption)
Exemption allowed, subject to all just exceptions.
ORDER
1. Ld. counsel for the petitioner submits that vide FIR No. 279 dated 03.07.2006 a case under Section 498-A/406/34 of the Indian Penal Code, 1860 was registered against the petitioners at PS S. Rohilla on the complaint of respondent No.2.
2. Further submits, respondent No.2 has amicably settled all the disputes qua the aforesaid FIR against the petitioners. She does not want to purse the case further. More so, vide decree of 2011:DHC:10284,_ divorce dated 28.07.2011 marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent.
3. Respondent No.2 Smt. Asha Verma d/o Shri Bal Kishan is present in person and is identified by her counsel Shri S. Bharti. Apart from that, she has produced her election card bearing No.HMC 0812487 issued by the Election Commission of India e which has been seen and returned.
4. Respondent No.2 submits that she has amicably settled all disputes qua the aforesaid FIR and the marriage between her and petitioner No.1 has been dissolved by a decree of divorce by mutual consent dated 28.07.2011, therefore, she does not want to pursue the case further and she has no objection if the aforesaid FIR is quashed. As per the settlement, she has already received amount of ~50,000/- from petitioner No.1. -e 5. Ld. APP for the State submits that charge sheet has already been filed and the case is pending for prosecution evidence.
6. Since the marriage between the respondent No.2 and the petitioner No.1 has already been dissolved by a decree of divorce by mutual consent and respondent No.2 does not want to pursue the case further, in the interest of justice I quash the FIR No. 279 dated 03.07.2006 under Section 498-A/406/34 of the Indian Penal Code, • --· 1860 registered against the petitioners at PS 5. Rohilla and all proceedings emanating therefrom, if any.
7. Undisputedly, Government machinery has been used and precious time of the Court has been consumed, however, keeping in view the financial position of the petitioners, I refrain from imposing cost on the petitioners.
8. CRL.M.C. 3278/2011 is allowed in the above terms.
9. Dasti.
SEPTEMBER 28, 2011 RS ~ SURESH KAIT,J