Pankaj Srivastava & Ors. v. State of Delhi & Anr.

1. lssue notice. Ld.APP accepts notice on behalf of State. Mr.Pankaj Kumar, Advocate accepts notice on behalf of respondent No.2.

2. Ld. counsel for the petitioner submits that vide FIR No.10Ll04 a case was registered under Section 498A1406134 lndian Penal Code, 1860 against the petitioners on the complaint of respondent No.2 at PS Naraina. CRL.M,C. 31L9/20LL page L of 6 o/o fr 2011:DHC:13042 x 1/

3. Ld. counsel for the petitioner further submits that respondent No.2 has settled all the disputes qua the aforesaid FIR and vide decree dated 09.11.2005, marriage between the petitioner No.1 and respondent No.2 has been dissolved under Section 138(2) of Hindu Marriage Act by mutual consent.

4. Respondent No.2 namely Sudha Sinha is personally present in court with her counsel Mr. Pankaj Kumar. Respondent No.2 is identified by her counsel.

5. Respondent No.2 submits that she has settled all the disputes qua the aforesaid FIR and marriage between the petitioner No,1 and herself has already been dissolved vide decree dated 09.11.2005.

6. Respondent No.2 further submits that she does not want to pursue the case further, hence, she has no objection if the present FIR is quashed.

7. As per settlement deed dated 27.05.2004 the petitioner had agreed to pay total amount of t[2],50,000/- to the respondent No.2 in lieu of settlement. Respondent No.2 has already received T[1],50,000/- out of total settlement amount and she has received remaining T[1],00,000/- today from the CRL.M.C. 31,L9/20L[1] r< petitioner No.1 in the Court itself by way of two DDs bearing No.646084 dated 18.08.2011 and 645982 dated 22.07.2011 of T50,000/- each issued in her favour drawn on Oriental Bank of Commerce, Delhi.

8. Keeping in view the settlement dated 27.05.2004 and decree of divorce dated 09.11.2005 between the petitioner No.1 and respondent No.2, I quash FIR No.1-01-104 registered under Section 498A1406134 lndian Penal Code, 1860 against the petitioners on the complaint of respondent No.2 at PS Na raina.

9. Ld. APP for the State submits that charges have already been framed against the petitioners and matter is pending for trial for prosecution evidence before the trial court. She further submits that while quashing the FIR heavy cost should be imposed against the petitioners as Government machinery has been used and precious time of the Court has been consumed.

10. Accordingly, I impose cost of T[5],000/- each on the petitioner No.1, petitioner No.3 and petitioner No.4 to be paid at Nirmal Chhaya, Jail Road, Tihar, New Delhi to be paid within two weeks from today. Proof of the same shall also be placed CRL.M.C. 37L9/20L[1] Jat on record. I defer imposing coast on petitioner No.2 being non-earning member.

11. CRL.M.C.3ILgl2011 is allowed in the above terms.

12. lt is pertinent to mention here that on 14.09.20II, Mrs.Shalini Puri, Superintendent of Nirmal Chhaya and Children Home-3 came and interacted with me in chamber. She has informed that her centre has received amount of approximately T08 lakhs from the costs imposed by this Court. She has further informed that there is no bank account in the name of above mentioned Centre and while imposing cost, this Court has not specified for what particular purpose the amount has to be utilized.

13. Therefore, on 15.09.20IL, I called Mr.P P Dhal, Joint Director (Technical), Department of women and child welfare, NCT of Delhi, who is overall in-charge of the following homes:i) Nirmal Chhaya, ii) Children Home-3 (for children below age of 18 years), iii) children Home (girls)-1 (for children between age of 12 to 18 years), cRL.M.C. 3779/2077 J a iv) Children Home (girls)-2 (for children between age of 6 to 12 years), & v) Homes for widows and short-stay homes.

74. During interaction, I called Ms.Rajdipa Behura, ld. Additional Public Prosecutor for State and discussed the matter with the above named Joint Director, who has also informed that first time in the history this much of amount have been received, of 'Nirmal Chhaya'. Therefore, specific directions are !' required to utilize the same.

15. Keeping the above situation in view, I direct the Joint Director and Deputy Director to do the following:i) To open jointly an account in the name of Jt. D.(Tec) & D.D. (C.P.U.). ii) This account shall be opened in the name of 'Welfare Fund for Children and Destitute Women, within two days from the receipt of this order. iii) The amount received by them till date shall be deposited in the aforesaid account. cRL.M.C. 371,9/201,[7] I (' iv) v) Any amount received shall be utilized for the welfare of the inmates of the above mentioned centers. ln future if any amount received, through any aid/ donation in cash/DD/cheque etc., the same shall be deposited in the said account and shall be utilized, wherever, the need arises for the above mentioned Centers, and any other 'Home' run by Deptt. of Women and Child Development. Registry is directed to send the copy of this order to; i) All the Superintendent of Centers, mentioned above; ii) Mr.P P Dhal, Joint Director (Technical); iii) Mrs.Suchi Seghal, Deputy Director (CpU); & iv) The Secretary, Women and Child Welfare Department, Govt. of NCT of Delhi. suREsH KA|T, J