Vishal & Ors. v. State & Anr.

1. On 03.06.2011 respondent No.2, wife of petitioner No.1 was present in the Court. So is the same position today. She submits that she has settled all the disputes amicably qua the FIR NO.166/2007 under Section 498A/323/34 Indian Penal Code, 1860 registered at police station Kanjhawla, Delhi against the petitioners.

2. She further submits that she does not wish to pursue her case and has no objection if the present FIR is quashed.

3. As per the settlement, the amount of ~ 50,000/- was given to the respondent No.2 at the time of first motion and the balance amount of ~ 1,50,000/- is handed over by way of pay order dated 01.08.2011 drawn on ICiCI Bank in favour of respondent NO.2. She has accepted the same without any protest and further undertakes that she will appear before the CRL.M.C. 1992/2011 Page 1 of[2] v- I,,, ~.~- -;--, ~, ~ 2011:DHC:10798 concerned court at the time of filing of second motion proceedings.

4. Keeping the settlement into view and the undertakings given by the respondent No.2, I quash the FIR NO.166/2007 u/Sec. 498A/323/34 Indian Penal Code, 1860 registered at police station Kanjhawla, Delhi against the petitioners and the proceedings emanating therefrom.

5. Considering the financial conditions of the petitioners and the fact that petitioner No.1 is running in custody in some other case, I defer in imposing any costs upon them.

6. Criminal M.C. No.1992/2011 is allowed in above terms.

7. Dasti. J AUGUST 04, 2011 Mk ~ SURESH KAIT, J ~ b\·~~,.~~__j 1- 'N"\Q~,- C.y..Q,01,f\. '~9:L~1\1 -- ~..--.,. j..+~~+;"" Of Cy- d <7 'f =H _ c..l<6/ 11 CRL.M.C. 1992/2011 Page 2 of[2] I i I I I-~~ I I-~ I r;-!, " I,,,: -.-!, ! - $-22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CrI,M.A.17924/2011 in CRL.M.C. 1992/2011 VISHAL & ORS...... Petitioner Through: Mr.J.S. Kushwaha, Adv.

VERSUS

JUSTICE SURESH KAIT ORDER 0/0 16.11.2011 ( 'I

1. By the instant application the petitioner seeks corrections/clarification of the order dated 04.08.2011 passed by this Court.

2. Vide order dated 04.08.2011, FIR NO.166/2007 under Section 498A/323/34 Indian Penal Code, 1860 got registered at police station Kanjhawla, Delhi against the petitioners, the proceedings emanating therefrom had been quashed.

3. Learned counsel for the applicant submits that during investigation Section 307 Indian Penal Code, 1860 was also added and this Court vide above order quashed the said FIR under the Sections as mentioned above only; whereas FIR under Section 307 Indian Penal Code, 1860 has not been quashed. CRL.M.C. 1992/20ll Page 1 of[2] 1- ~~:

4. In the circumstances, the instant application is allowed and para No.4 of the dated 04.08.2011 be read as under:- /I 4. Keeping the settlement into view and the undertakings given by the respondent NO.2, I quash the FIR NO.166/2007 under Section 498A/323/307/34 Indian Penal Code, 1860 registered at police station Kanjhawla, Delhi against the petitioners and the proceedings emanating therefrom. /I

5. No further order required.

6. Criminal M.A.17924/2011 allowed and accordingly stands disposed of.