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$-20 I HIGH COURT OF DELHI
CRL.M.C. 2561/2011
/o AVTAR SINGH ..... Petitioners STATE
Through: Ms.Ritu Guaba, APP for State/R-1 with ASI Ramwati, police station Dwarka, Sector- 23 in person.
Respondent No.2 in person.
HON'BLE MR. JUSTICE SURESH KAIT
05.08.2011 Cri.M.A.No.9163/2011 (exemption} Exemption is allowed subject to just exceptions.
Criminal" M.A. stands disposed of.
ORDER
1. Both the parties have joined together and submit that the settlement dated 20.07.2011 has been arrived at between the parties. The respondent No.2, who is personally present in the Court has been identified by the Investigating Officer W/ASI Ramwati, from police station Dwarka Sector- 23, New Delhi. CRL.M.C. 256l/20ll Pagel of[3]. ---'<:-:-! '----' ··: -~ I 2011:DHC:11607 j ----' L
2. As per aforesaid settlement, the respondent No.2 Smt.Deepak Malik d/o Shri R.S. Malik has received the total amount oft 8.00 lacs by way of two cash orders fort 5.00 lac and t 3.00 lac each bearing Nos.540190 and 540191 respectively both dated 28.07.2011 and drawn on the Delhi Cooperative Banks Limited.
3. Respondent No.2 submits that she has settled all the issues qua aforesaid FIR No.257/2003 registered on her complaint on 09.07.2003 under Section 498A/406/34 Indian Penal Code at police station Dwarka, New Delhi against the petitioners. She '. further submits that she does not wish to pursue the present case.-: any further and she has no objection, if the present FIR is quashed.
4. Ld.APP for the State submits that the charge has been framed in the aforesaid matter and case is fixed for recording prosecution evidence before the ld.trial Court on 12.12.2011. - 5. Keeping the settlement into view, in the interest of justice, I quash the FIR No.257/2003 under Section 498A/406/34 Indian Penal Code registered at police station Dwarka, New Delhi and the proceedings emanating therefrom.
6. Since the Government machinery has been pressed into and the time of the Court has been consumed, therefore, in the interest of justice, I impose the costs of t 10,000/- upon petitioner No.1 to be paid within a week in favour of Advocates Welfare Fund, Bar Council of Delhi. Proof thereof shall be placed by petitioner on the record. CRL.M.C. 2561/2011 Page 2 of[3] ·-·-~ -·-· -..........._........ _ _,_,;.' ~
7. Considering the age of the petitioner No.2 and the fact that she has no means, I defer in imposing any costs upon her.
8. Accordingly, Criminal M.C.No.2561/2011 is allowed.
9. Dasti.
AUGUST 05, 2011 Mk CRL.M.C. 2561/2011 ~ SURESH KAIT, J Page 3 of[3] -i ! ~,"! '--·~· I r--:~ '' '' ! ' '"' !