Yogesh & Ors v. State & Ors

1. Notice. Ms. Rajdipa Behura, learned APP accepts notice on behalf of respondent No. 1/State.

2. An FIR No. 58/2001 was registered under Sections 498A/406/34 Indian Penal Code, 1860 against the petitioner No.l, who is the husband of respondent No.2/complainant and against the petitioners No. 2 to 6, who are the relatives of petitioner No.l at P.S. Uttam Nagar.

3. Learned APP for State submits that the Charge sheet has already been filed in the matter but the Charge has not yet been framed. CRL.M.C. 2657/2011 2011:DHC:9028 ly

4. Learned counsel for the petitioner submits that the respondent No.2/complaint has settled all her disputes with the petitioners without any consideration of money.

5. Respondent No.2/complainant Ms. Gagandeep Kaur is personally present in the court. She is duly identified by Ms. Vinita Raghav, Advocate for the complainant. She submits that she has settled all her disputes with the petitioners and nothing remains to be settled qua the aforesaid FIR regarding her alimony and Streedhan etc. She further submits that she herself has settled all the disputes with the petitioners without any consideration of money without any pressure or coercion. She further states that she has no objection if the aforesaid FIR is quashed.

6. It is submitted by the counsel for the petitioner that the marriage between the respondent No.2/complainant and the petitioner No.l has been dissolved vide decree of divorce and order dated 07.02.2011.

7. Keeping in view the facts and circumstances of the case and statement of Ms. Gagandeep Kaur, complainant/respondent, No. 2, I quash the FIR No. 58/2001, registered under Sections 498A/406/34 Indian Penal Code, 1860, P.S. Uttam Nagar and all the proceedings emanating therefrom.

8. I refrain myself on imposing cost upon the petitioners, considering their poor financial condition.

9. CRL. M.C. 2657/2011 is disposed of on the above terms. CRL. M.A. 9476/2011 (Exemption) This application is disposed of being infructuous.

AUGUST 11, 2011 j ^ SURESH KAIT, J — C.e TfTT <r 6- 0^ iL\ $-39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.A. 12056/2011 in Cri. jVI.C.2657/2011 YOGESH & ORS. Appellant Through: Mr. Deepal< Kumar, Adv.

VERSUS

JUSTICE SURESH KAIT ORDER % 12.10.2011

1. Vide the instant application, Ld. Counsel for the applicant has pointed out that some typographical error has crept in the order dated 11.08.2011 that instead of FIR No.58/2007 it is recorded as 58/2001.

2. In these circumstance. Para 7 of the Order dated 11.8.2011 be read as under:- "Keeping in view the facts and circumstances of the case and statement of Ms. Gagandeep Kaur, Complainant / respondent no. 2, I quash the FIR no. 58/2007, registered Under Section 498A/406/34 Indian Penal Code, 1860, PS- Uttam Nagar and all the proceedings emanating therefrom."

3. Further, similar correction be also read regarding FIR number in the order dated 11.08.2011 in Line No.l of para No.2.