Shankar Lal v. State

Delhi High Court · 22 Sep 2011 · 2011:DHC:4892
Suresh Kait
Crl.M.C.No.2760/2011
2011:DHC:4892
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A and 406 IPC following an amicable settlement and continued cohabitation of the parties, declining to impose costs despite pending prosecution.

Full Text
Translation output
Crl.M.C.No.2760/2011 HIGH COURT OF DELHI CRL.M.C.No.2760/2011
JUDGMENT
delivered on:22th September,2011 SHANKAR LAL ..... Petitioner
Through : Mr.R. K. Sheoran, Adv.
versus
STATE & ANR ..... Respondent
Through : Ms.Ritu Gauba, APP for State Respondent No.2 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 petitioner submits that vide FIR No.119/1995 dated 23.02.1995 a case under Section 498A/406 Indian Penal Code, 1860 was registered against the petitioner on complaint of respondent No.2 at police station Dr.Ambedkar Nagar, New Delhi.

2. Further submits that pursuant to settlement dated 30.07.2011 petitioner and respondent No.2 have amicably 2011:DHC:4892 settled all the issues qua the aforesaid FIR and they are living together as husband and wife since the year 2004.

3. Respondent No.2 present in person. The photographs of respondent No.2 and petitioner No.1 are affixed at the compromise deed at page No.24 of petition. In addition to that, she has also produced the photocopy of voter identity card bearing No.03/034/168498 which stands in her name. Photocopy so produced is taken on the record.

4. Respondent No.2 submits that she has settled all the issues qua the aforesaid FIR & does not wish to pursue the case against petitioner further as she is residing happily with petitioner No.1 in the matrimonial house.

5. Ms.Ritu Gauba, learned APP for State submits that case is pending for prosecution evidence, therefore, the government machinery has been used and precious time of the Court has been consumed, therefore, some costs may be imposed while quashing of the FIR in the present case.

6. Keeping the aforesaid settlement dated 30.07.2011 into view and the fact that petitioner and respondent No.2 have reconciled the issues are living happily together as husband and wife, FIR No.119/1995 under Section 498A/406 Indian Penal Code, 1860 registered against the petitioner at police station Dr.Ambedkar Nagar, New Delhi and the proceedings emanating thereto are hereby quashed.

7. Since the parties are living together since the year 2004 and reconciled their issues, therefore, I refrain in imposing any costs.

8. Criminal M.C.No.2760/2011 stands allowed and disposed of in above terms.

9. Dasti.