Full Text
CRL.M.C. 2629/2011
RAJESH CHHABRA & ORS Petitioners
Through : I^Is.Savita Rustogi , Adv.
Through : jVir.Satish Mishra, Proxy for jvis.Rajdipa Behura, APP for State/R-1.
Ms.Jagdeep Kaur, Adv for R-2 with respondent in person.
10.08.2011 CrI.MA. No.9381/2011 (exemption)
Exemption is allowed subject to just exceptions. criminal M.A. stands disposed of.
ORDER
1. Vide FIR No.635/2003. case under Section 498A/406/34 \ Indian Penal Code, 1860 was registered on the complaint of respondent No.2 against the petitioner No.l Rajesh Chhabra husband of the respondent No.2 and petitioner Nos.[2] to 4. relatives of petitioner No.l. at police station Rohini, Delhi.
2. Learned counsel for petitioners submits that the chargesheet has already been filed in the Id.trial Court, but the charge 2011:DHC:8988 7/ has yet not been framed. It is further submitted that the marriage between the petitioner No.l and respondent No.2 has already been dissolved by mutual consent under Section 13 (b) (2) of HM Act vide decree dated 23.03.2011.
3. Ld.counsel for the petitioners further submits that vide settlement dated 13.07.2010, all the issues qua the aforesaid FIR have already been amicably settled and nothing remains in this matter.
4. Respondent No.2 Mrs.Anchal Chhabra, d/o Shri K. K. Arora, r/o B-6/173, Sector - 7, Rohini, Delhi - 100085 is personally present in the Court with her counsel and confirmed the factum of the submissions made by Id.counsel for petitioners. For the purpose of identification, the photocopy of Permanent Account Number (PAN) of respondent No.2 has been placed at page No.34 of the paper book. She further submits that as per the settlement, she has received the amount of ^3.50 lacs.
5. Learned counsel for petitioners further submits that the balance payment off 1.50 lacs is handed over to respondent No.2 vide bankers cheque No.298574 dated 29.07.2011 drawn in her favour. Same has been accepted by respondent No.2 without any protest.
6. Since respondent No.2 has settled all the issues qua the present FIR, therefore, she has no objection if the present FIR is quashed. CRLM.C. 2629/2011 >
7. Keeping the settlement into view and the decree of divorce by mutual consent, in the interest of justice, I quash the FIR No.635/2003 under Section 498A/406/34 Indian Penal Code, 1860 registered at police station Rohini, Delhi and the proceedings emanating therefrom.
8. Petitioner No.l has just completed his LLB. and persuing for enrolment with Delhi Bar Council; petitioner No.2 Is the mother of petitioner No.l, who is retired Government Servant and the petitioner Nos.[3] & 4 are brother-in-law and sister of petitioner No.l, living separately.
9. Considering the financial status of the petitioners, I defer in imposing any costs upon them.
10. In view of above. Criminal M.C. No.2629/2011 is allowed.
11. Copy of order dasti under signature of the Court Master.
SURESH KAIT, J AUGUST 10, 2011 Mk