Sanjay Kumar & Ors. v. State NCT of Delhi & Ors.

1 Issue notice.

2. Ms.Rajdipa Behura, learned APP accepts notice on behalf of the State. Mr.Jaideep Vats, Advocate accepts notice on behalf of Respondent No.2 CRL.M.C. 2665/2011 2011:DHC:9238

3. FIR No.45/2004 was registered against petitioner No.l (husband of respondent No.2) and petitioner No.2 (nnother-inlaw of respondent No.2) under Sections 498A/406/34 Indian Penal Code, 1860 at P.S.Delhi Cantt.

4. Learned counsel for the petitioners subnnits that the matter has already been settled between respondent No.2 and petitioner No.l vide Settlement Agreement dated 22.07.2009. Pursuant to the said Settlement, a decree of divorce dated 06.01.2010 has already been granted under Section 13 B (II) of Hindu Marriage Act 1955 by mutual consent.

5. Learned counsel for the petitioner further submits that since the matter has already been settled between respondent No.2/complainant and the petitioners, therefore the present FIR may be quashed.

6. Respondent No.2 Ms.Ginni Chaudhary, D/o Late Sh.Narain Chaudhary who is personally present in the Court with her counsel Mr.Jaideep Vats submits that, all issues have been settled qua the aforesaid FIR, therefore, she does not wish to pursue the case further. She has no objection, if the aforesaid FIR is quashed.

7. Learned APP for the State and learned counsel for the CRLM.C. 2665/2011 petitioners subnnit that after framing the charges, the matter is pending for prosecution evidence before the Trial Court.

8. Counsel for the petitioner further submits that the total alimony has been settled at ^ 5 lacs out of which ? 3.[5] lacs has already been paid to respondent No.2 and balance sum of ^ 1.[5] lacs is handed over to respondent No.2 today in court by way of a Bank Draft bearing No. 827227 drawn on State Bank Of India, Delhi Cantt., Respondent No.2 has accepted the same without any protest.

9. Respondent No.2 is identified by her counsel. Additionally, a photocopy of her identity card issued by the Election Commissioner of India and a photocopy of ration card wherein her name is indicated, has also been annexed.

10. Keeping in view the fact that a settlement has already been arrived at, the marriage between petitioner No.l and respondent No.2 has already been resolved and finally that, the respondent No.2 does not want to pursue the case further, therefore, in the interest of justice, I quash the FIR No.45 dated 10.02.2004 registered at P.S.Delhi Cantt. >

11. Although the Government machinery has been pressed into and the precious time of the Court has been consumed, keeping in view the financial position of the petitioners, I defer from imposing costs on the petitioners.

12. CrI.M.C.No.2665/2011 is allowed.

13. Dasti.

SURESH KAIT, J. AUGUST 12, 2011 sa