State v. Sumit Bhamija & Ors.

1 Issue notice.

2. Ms.Rajdipa Behura, learned APP accepts notice on behalf of the State. CRLM.C. 2678/2011 2011:DHC:9036

3. FIR No. 257 dated 20.06.2009 was registered against petitioner No.l (husband of petitioner No.4), petitioner No.2 (father-in-law of petitioner No.4) and petitioner No.3 (mother-inlaw of petitioner No.4) under Sections 498A/406/34 Indian Penal Code, 1860 at Paschim Vihar. Learned counsel for the petitioners submits that the matter has already been settled between petitioner No.l and petitioner No.4 and a decree of divorce dated 04.04.2011 has already been granted under Section 13 B (II) of Hindu Marriage Act 1955 by mutual consent.

4. Learned counsel for the petitioners further submits that since the matter has already been settled between Petitioner No.l and Petitioner No.4-complainant, therefore the present FIR > may be quashed.

5. Petitioner No.4 Anchal Dham, who is personally present in the Court with her counsel Mr.Ashish Upadhyay, submits that all the issues have been settled qua the aforesaid FIR against petitioner Nos.l to 4, therefore, she does not wish to pursue the case further. She has no objection if the aforesaid FIR is quashed.

6. Ld. counsel for the petitioner submits that charge sheet > has been filed but charges have not yet been framed.

7. Learned counsel for the petitioner submits that the total alimony has been settled at ^ 5.50 lacs out of which ^ 3.[5] lacs has already been paid to petitioner No.4 and balance sum of ? 2.0 lacs is handed over to respondent No.2 today in court by way of Bank Draft bearing No. 297558 dated 06.07.2011 drawn on Andhra Bank, New Delhi. Petitioner No.4 has accepted the same without any protest.

8. Petitioner No.4 is identified by her counsel. Additionally, photocopy of identity card issued by the Election Commissioner of India has been annexed.

9. Keeping in view the facts that a settlement had arrived between the parties, the marriage between petitioner No.l and petitioner No. 4 has already been resolved and that the petitioner No.4/complainant does not want to pursue the case further against petitioner Nos. 1 to 4, therefore, in the interest of justice, I quash the FIR No.257 dated 20.06.2009 registered at P.S.Paschim Vihar.

10. Since the Government machinery has been misused and the precious time of the Court has been consumed, therefore, in \ the interest of justice, I impose costs of f 10,000/- upon petitioner No.l to be paid within seven days in favour of Advocates Welfare Fund, Bar Council of Delhi. Proof thereof shall be placed by petitioner No.l on the record.

11. CrI.M.C.No.2678/2011 is allowed.

12. Dasti.

AUGUST 12, 2011 sa SURESH KAITJ.