Through : Mr.Naresh C Sharma, Mr.Puneet Singh & Mr.Chetan, Advs v. STATE &ANR

1. Learned counsel for the petitioners submit that vide FIR No.185/2005 case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioner No.1, the husband and petitioner Nos.[2] & 3 being father and mother of petitioner No.1 respectively on the complaint of respondent No.2 at police station Delhi Cantonment.

2. Further submit that, vide settlement dated 11.02.2011, CRL.M.C. 296412011 2011:DHC:9828 I)-respondent No.2 has settled all the issues qua the aforesaid FIR against the petitioners. As per the settlement, the petitioner No.1 has agreed to pay a sum of Z ilac to the respondent No.2. Out of which a sum of Z 50,000/- has already been paid. The remaining amount of 50,000/- is being paid today in the Court. The same has been paid by cheque bearing No.283564 dated 05.09.2011 drawn on Syndicate Bank, 22, Timmayya Marg, Cantonment, Delhi - 110010 ib for Z 50,000/- in favour of respondent No.2. She has accepted the same without any protest. Respondent No.2 who is present in person in the Court with her counsel, who has identified her. In addition to that, respondent No.2 is also accompanying with her mother Smt.Gurdarshan Kaur, w/o Shri Harbans Singh, who has produced her election identity card issued by the Election: Commission of India bearing No.1P315507. After seen the same is returned to mother of respondent No.2. I note that in the petition, the address of respondent No.2 is given as resident of 10/842, Chand Mohalla, Gandhi Nagar, Delhi. The photocopy of the passport of respondent No.2 is at page No.47:3 which was issued in her name at the address of X/781, Gali No.7, Raghubar Pura, No.1, Gandhi Nagar, Delhi - 31. Respondent No.2 stated that earlier they used to stay at the aforesaid address, but recently, they have shifted to 10/842, Chand Mohalla, Gandhi Nagar, Delhi. In addition to that she has produced the original ration card which stands in her name wherein the aforesaid address and same has been issued at the aforesaid address. The reasons of this much detail of the respondent No.2 is that in petition the address is different whereas in the passport and the ration card the addresses are totally different. Since, respondent No.2 is accompanied by her mother and has been identified by learned counsel, therefore, I do not doubt the address particulars of respondent No.2 as given in the petition. Respondent No.2 further submits that she has settled all the issues qua the aforesaid FIR and she does not wish to pursue the case further. Keeping the facts into view that the Petitioner No.1 has paid the entire amount as per the settlement dated 11.02.2011 and the respondent No.2 does not wish to pursue her case further. Therefore, in the interest of justice, the FIR No.185/2005 registered against the petitioner at police station Delhi Cantt and the proceedings emanating thereto are hereby quashed. Ms.Rajdipa Behura, learned APP for State submits that tF charge-sheet has been filed and case is pending for prosecuti evidence, thus the Government Machinery has been used, therefore, the costs should be imposed upon the petitioners. I find force in the submission of learned APP. Therefore, in the interest of justice, keeping the financial position of the petitioners, I impose a costs of 10,000/- to be paid in favour of the 'Superintendent', 'Nirmal Chaya' Jail Road, Hari Nagar, New Delhi which shall be used for the well being of the destitute women. The costs shall be paid within a week from today and proof thereof shall be placed on the record. Accordingly, Criminal M.C. No.2964/2011 is allowed in above terms.

SURESH KAIT,J SEPTEMBER 05, 2011/Mk..