Mr. V.S. Yadav witli Mr. Gireish Kandpal, Advs. v. STATE NCT OF DELHI & ANR, .

1. Notice. Ld. APP accepts notice on behalf of State. Mr. Yogesh Choudhary, Adv. accepts notice for respondent No.2.

2. Ld. counsel for the petitioner submits that FIR No.365 dated 13.05.2004 was registered under Section 498A/406/34 Indian Penal Code, 1860 at PS Jahangirpuri against the petitioner No.l (husband) 2011:DHC:9788 and petitioner Nos.[2] to 6 (relatives of husband).

3. Ld. counsel for the petitioner further submits that the complainant Jolly Sharma has expired on 14.03.2005. The death certificate issued by New Delhi Municipal Corporation dated 24.03.2005 is on record as Annexure P-2 at page 44.

4. Ld. counsel for the petitioner further submits that settlement dated 26.07.2011 was arrived at between the parties before the Mediation Centre, Rohini Courts, Delhi.

5. The father;iD4@rW of the complainant who is respondent No.2 is personally present in Court and is identified by his counsel. In addition he has produced identity card issued by Election Commission of India bearing No.DL\04\055\282299 which stands in his name and annexed as Annexure P-9 at page 58.

6. Respondent No.2 submits that being father of the deceased complainant, he as settled all the disputes against the aforesaid FIR against all the petitioners, therefore he does not want to pursue the case further and has no objection if the aforesaid FIR is quashed.

7. Keeping in view the Compromise Deed between the petitioners and respondent No.2 I quash the FIR No.365 dated 13.05.2004 which was registered under Section 498A/406/34 Indian Penal Code, 1860 at PS Jahangirpuri against the petitioner No.l (husband) and petitioner Nos.[2] to 6 (relatives of liusband) and tlie proceedings ennanating thereto.

8. Ld. APP for State subnnits that after framing the charge-sheet this case is pending for Prosecution Evidence and since the Government machinery has been used and precious time of the Court has also been utilized, therefore, cost should be imposed on the petitioner.

9. I find force in the submission of Id. APP. Therefore, I impose cost of ^25,000/- on the petitioner No.l to be deposited in favour of Child Welfare Fund, 1-Canning Lane, K.G.Marg, New Delhi-110 001 within 02 weeks from today. Proof of the same be placed on record.

10. I defer imposing cost on rest of the petitioners all being relatives of petitioner No.l.

11. Order Dasti under signature of the Court Master.

SEPTEMBER 02, 2011 vid SURESH KAIT, J k X)c,| $-14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl.M.A.11304/2011 in CRLM.C. 2939/2011 NARESH KUIVIAR & ORS. Petitioners Througii: ivir. Girish Kandpal, Adv.

VERSUS

JUSTICE SURESH KAIT ORDER 22.09.2011 Vide this application the applicant has pointed out the error in para 5 of the order dated 02.09.2011 wherein instead of father, father-in-law of the complainant has been recorded. I have made the correction in the order itself and the same may be read accordingly. Application is disposed of.

SEPTEMBER 22, 2011 vid SURESH KAIT, J