Full Text
CRLM.C. 2267/2011
SACHIN BHARDWAJ & ORS. Petitioner Tiirougli : i^lr. Y.S. Yadav, Advocate,
Through : Mr. M.N. Dudeja, APP along with ASI Yogender, P.S. Punjabi Bagh.
02.08.2011 KAIT
ORDER
1. An FIR No.777/2002 was registered under Sections 498A/406/34 IPC at P.S. Punjabi Bagh against the petitioner Nb.2/husband and his relatives i.e. petitioner No.l and petitioners No.3 to 6.
2 Learned APP for State submits that Charge-sheet in the matter has been filed, charge has alreaidy been framed and the matter is pending for Prosecution Evidence.
3. Learned counsel for the petitioners have settled all the disputes betwee between the respondent No.2 and peti^ been dissolved vide a decree of divorce c submits that the parties n them. The marriage loner No.2 has already ated 02.08.2005.
4. Respondent No.2/complainant Smt.Anita Kaushik is tified by lO/SI Yogender she does not want to personally present in the court, duly iden Singh, P.S. Punjabi Bagh submits that pursue the aforesaid FIR as all the disputes against the petitioner has been settled for a total sum of f 5Lacs. She further submits 2011:DHC:10825 > that out of f 5Lacs, she has already received an F.D.R. of ?2 Lacs way back in the year 2002..
5. The petitioner No.2/husband of complaina^^Sh. Lalit ^ Bhardwaj has handed over a Demand Draft of y Lacs, drawn on IDBI Bank, Gurgaon Orchid Square, Sector Road, B-Block Sushant, Gurgaon, Haryana-122002 in the court itself the sanne is accepted by the complainant, without any protest.
6. It is submitted that as per the settlement, the respondent No. 2/complainant has to withdraw the FAO No. 224/2005 filed in the High Court of Punjab & Haryana, titled as Anita Vs. Lalit Bhardwaj. The learned counsel for the complainant/respondent No. 2 submits that the complainant will take the steps to withdraw the abovementioned case.
7. Learned counsel for the respondent No. 2/complainant submits that as per the terms of settlement, the respondent is entitled to have interest accrued on the FDR of f.2,00,00/- which was has been prepared by the petitioner No. 2 in the name of respondent No.2 in the year 2002 at the time of getting anticipatory bail.
8. Needless to say that the aforesaid FDR is in the name of Respondent No. 2 and since the matter has been settled between the parties, and as per the settlement, the respondent No. 2 is entitled to the interest accrued on the aforesaid FDR.
9. In the facts and circumstances of the case and in the interest of justice, I quash the FIR No.777/2002, registered under Sections 498A/406/34 IPG at P.S. Punjabi Bagh and all the proceedings emanating therefrom.
10. Since the Government Machinery has been used and the valuable time of the court has been consumed, I impose a cost of f 30,000/- upon petitioner No. 2 to be paid in favour of Juvenile Justice Board, Delhi within a period of fifteen days from today. The proof of the payment of cost shall be placed on record.
11. Criminal M.BG-2267/2011 is allowed and disposed of in the above terms.
12. Dasti.
SURESH KAITJ AUGUST 02, 2011 j - C (fi -p.Mj H'' ••iV cJm-l 4/ A \ 0'^§.9c =5V ? (2 $-27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.C. 2267/2011 SACHIN BHARDWAJ & ORS. Petitioners Througli Mr. V S Yadav, Adv.
VERSUS
STATE GOVT.
JUSTICE SURESH KAIT % ORDER 23.08.2011 CrI.M.A.9911/2011
1. By the instant application, the applicant has sought clarification/modification in the order dated 02.08.2011. Ld. counsel for the applicant has drawn the attention of this Court towards para 5 wherein the nnistake in the name has been crept, which is to be corrected in the said order i.e. instead of 'Lalit' it is mentioned as 'Lali' and in the same para instead of 'Rs.[3] lakhs' it is written 'Rs.[2] lakhs'. These two mistakes have been corrected today in the order dated 02.08.2011 itself. r o
2. Ld. counsel for the applicant has further drawn the attention of this Court to para 11 wherein it is wrongly written 'CrI.M.B.2267/2011' instead of 'Crl.M.C.2267/2011'. This correction is also nnade in the order dated 02.08.2011 itself.
3. Vide letter dated 17.08.2011 the Principal Magistrate, Juvenile Justice Board-1 has requested that the cost of Rs.30,000/- which was directed to be deposited in favour of Juvenile Justice Board vide order dated 02.08.2011 in fact to be deposited in the account of 'Delhi Child Welfare Fund', Child Protection Unit, Department of Women and Child Development, 1 Canning Lane, K. G. Marg, New Delhi.
4. I ordered accordingly. Therefore, the applicant is directed to deposit the said cost of Rs.30,000/- in the account mentioned above, within a period of one week from today and the proof of the same shall be placed on record.
5. Crl.M.A.9911/2011 stands disposed of.
6. Copy of the order be given Dasti under the signature of AUGUST 23, 2011 vid SURESH KAITJ