Mr. Vijay Kumar Singh, Adv. v. STATE & ORS .....

1. Vide FIR 204 dated 09.05.20II, a case under Sections 498A1406 lndian Penal Code, 1860 was registered against the petitioner No.1, the husband of respondent No. 2 and against the petitioners No. 2 and 3, the relatives of petitioner No. 1 at P.S. Krishna Nagar.

2. Learned counsel for the petitioner submits that in pursuance of the settlement dated 03.05.2011, all the disputes among the parties have been settled for a total sum of Rs.1,70,000/- out of which Rs.1,20.,000/- has already been given to respondent No. 2. He further submits that the balance of Rs.50,000/- shall be paid today in the court in cash and the Vo 2011:DHC:10755 1/ FIR may be quashed.

3. Respondent No.2/Smt. Kamlesh Kumari, dlo Sh. Om Prakash is personally present in the court. She is identified by her counsel, Mr. S.K. Sharma, Advocate. She has produced the ldentify Card issued by Election Commission of lndia, which is returned to her after seeing. The copy of the same is already on record.

4. Petitioner No. t has handed over a sum of Rs.50,000/- to respondent No. 2/Smt. Kamlesh Kumari in the court. She has accepted the same and found the same to be correct.

5. She has further submitted that she does not want to pursue the case further and she has no objection if the aforesaid FIR is quashed.

6. Learned APP for State submits that the matter is at the stage of recording of statement of accused under Section 313 Cr.P.C. in the trial court.

7. In the above mentioned facts and circumstances and in view of the statement of the parties, in the interest of justice, I quash the FIR No. 204195 registered at P.S. Krishna Nagar under Sections 498 A1406 Indian Penal Code, 1860.

8. Since the Government Machinery has been misused and the precious time of the court is consumed, I deem it fit to impose cost on the petitioners.

9. Petitioner No. I is a qualified BMS and practicing Doctor in Darbanga, Bihar. He shall pay a cost of Rs.10,000/- to be deposited in favour of Nirmal Chaya, Tihar, New Delhi.

10. Petitioner No.2 is having a shop of General Store. He is 62 years old and senior citizen, therefore, a cost of Rs.3,000/: is imposed upon him to be deposited in favour of Nirmal Chaya, Tihar.

11. I refrain imposing any cost upon petitioner No.3, who is a housewife. L[2] Costs shall be paid within a week's time from today. The proof of the same shall be placed on record.

13. Criminal M.C. 27 4012011 is allowed in the above terms. L[4]. Dasti, under the signatures of the Court Master. suREsH KAIT, J AUGUST 19, 2011 j