Subhash & Ors v. State of Delhi & Anr

Delhi High Court · 12 Sep 2011 · 2011:DHC:12219
Suresh Kait
CRL.M.C. 2217/2011
2011:DHC:12219
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 494 IPC following an amicable settlement between the parties and the complainant's withdrawal of the complaint.

Full Text
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$-3 HIGH COURT OF DELHI
CRL.M.C. 2217/2011
SUBHASH & ORS Petitioners
Through : Mr. R P S Bhatti, Adv.
VERSUS
STATE OF DELHI & ANR Respondents
Through : Ms.Rajdipa Behura, APP for State Mr. Faimuddin, Adv. for respondent No.2
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
12.09.2011
ORDER

1. Ld. counsel for the petitioners submits that FIR No.2728/03 dated 05.07.2003 was registered under Section 498A/406/494 Indian Penal Code, 1860 against the petitioner No.l (husband) and petitioner Nos.[2] to 4 (relatives of husband) at PS Kalyanpuri on the complaint of respondent No.2 Manju Devi.

2. Ld. counsel for the petitioners further submits that petitioners and respondent No.2 have amicably settled all the 2011:DHC:12219 disputes qua the aforesaid FIR, therefore, they have sought to quash the said FIR and proceedings pending before the Id. MM.

3. Respondent No.2 is present in person and is identified by her counsel. Apart from that she has produced election card bearing No.DHB2073989. Photocopy ofthe same is at page 35 of the petition.

4. Respondent No.2 submits that she has amicably settled all disputes qua the aforesaid FIR and has settled her life with some other person, therefore, she does not want to pursue the case further. In view of the settlement she has received amount of ^20,000/- from petitioner No.l.

5. Keeping in view the aforesaid settlement and the statement of respondent No.2 and the in the interest of justice I quash FIR No.2728/03 dated 05.07.2003 registered under Section 498A/406/494 Indian Penal Code, 1860 against the petitioner No.l (husband) and petitioner Nos.[2] to 4 (relatives of husband) at PS Kalyanpuri on the complaint of respondent No.2 Manju Devi.

6. Undisputedly, Government machinery has been used and precious time of the Court has been consumed, however, keeping in view the financial position ofthe petitioners, Idefer t # imposing cost on the petitioners.

7. CRL.M.C. 2217/2011 is allowed in the above terms.

SURESH KAIT, J SEPTEMBER 12, 2011 VId