Kuldeep Gupta & Anr v. State & Anr

1. Learned counsel for the petitioners submit that vide FIR No.421/1997, a case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioner No.1, husband and petitioner No.2 his mother on the complaint of respondent No.2 at police station Dabri.

2. Further submits that vide settlement dated 07.05.2011, respondent No.2 has settled all the issues qua the aforesaid FIR at Mediation Centre, Dwarka Courts, Delhi. As per the settlement, the petitioner has agreed to pay 4.75 lacs to the respondent No.2 in lieu stridhan and of maintenance/alimony - past, present, and future. CRL.M.C. 2968/2011 2011:DHC:9849

3. The said amount is being paid vide three drafts in the name of respondent No.2, viz, Nos.023212 dated 15.07.2011 for 2.00lac; Nos.023215,& 023216 for U.25Iacs and 1.50 lacs both dated 16.07.2011 all three drawn on Jammu & Kashmir Bank Ltd, Sector- 3 Rohini, Delhi.

4. Ms.Shashi Gupta, respondent No.2 is personally present in the Court and she has accepted the same without any protest.

5. Learned counsel for the petitioners has identified the respondent No.2 since she has been appearing before the Trial Court and the mediation proceedings which took place in his presence. Additionally, she has also placed the photocopy of her voter identity card issued by the Election Commission of India vide No.FXZ0772079 which has been issued in her name. The photocopy has been attested by Mr.Suresh Singhal, Administrative Officer, Ministry of Commerce and Industries, Patent Office, Intellectual Property Bhawan, Plot No.32, Sector - 14, Dwarka, Delhi - 78.

6. Keeping the aforesaid settlement into view, and the fact that the settlemen,t amount has been paid today in the Court, in the CRL.M.C. 296812011 interest of justice, FIR No.421/1997, under Section 498A/406/34 Indian Penal Code, 1860 registered against the petitioners at police station Dabri and the proceedings emanating thereto are hereby quashed.

7. Ms.Ritu Gauba, learned APP for State submits that after framing of charge, matter is pending for recording prosecution evidence, thus the Government Machinery has been used, and precious time Of the Court has been consumed, therefore, the costs should be imposed upon the petitioners.

8. 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 25,000/- to be paid in favour of the Old Age Home, Kingsway Camp, Delhi. The costs shall be paid within two weeks from today and proof thereof shall be placed on the record.

12. Accordingly, Criminal M.C. No.2968/2011 is allowed in above terms. Dàst/. SURESH KAIT,J SEPTEMBER 05, 2O11/uvlk.