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CRL.M.C. 2806/2011
VINOD KUMAR & ORS ..... Petitioners
Through : Mr. S. Dutt, Adv.
HON'BLE MR. JUSTICE SURESH KAIT
26.08.2011
ORDER
1. Vide FIR No.527/2001, case under Section 498-A/406/34 Indian Penal Code, 1860 & Section 3/4 Dowry Prohibition Act registered at PS Kotla Mubarakpur against petitioner No.1 (husband) and petitioner No.2 to 5 (his relatives) on the complaint of respondent No.2 Manju @Monica.
2. Ld. counsel for the petitioner submits that the respondent No.2 has settled all the issues qua the aforesaid FIR against all the petitioners. The marriage has already been dissolved between the petitioner No.1 and respondent No.2 under Section 2011:DHC:10903 13(l)(ia) and (ib) of the Hindu Marriage Act, 1955 vide decree dated 21.07.2008.
3. Ld. counsel for the petitioner further submits that respondent No.2 Manju @ Monica thereafter has got married with another person. Therefore, counsel prays that the present FIR be quashed.
4. Respondent No.2 Manju @ Monica is present in person in Court. She has produced the ration card (Original is seen and returned) of her father, where, her name is indicated at serial no.4. The photocopy of the sarne is at page 36 of the paper book. She submits that the contention of the ld. counsel for the petitioner is correct and further submits that she has no objection if the present FIR is quashed.
5. Keeping the dissolution of marriage into view and that respondent No.2 has already re-married and has settled with second husband, therefore, in the interest of justice I quash the aforesaid FIR and the proceedings emanating thereto.
6. Though the Government machinery has been used, however, keeping in view the financial position of the petitioner No.1, I defer imposing cost upon him. J
7. CRL.M.C. 2806/2011 is allowed in the above terms.
8. Dasti, under the signature of the Court Master. ~ SURESH KAIT, J AUGUST 26, 2011