Jasbir Singh & Ors v. State Govt of NCT of Delhi

1. Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of. CRL.M.C. 2296/2011

2. Mr.Arvind K Gupta, APP for State submits that the FIR No.32/2010 was registered on 26.02.2010 against petitioner No.l Jasbir Singh, husband and his relatives petitioner Nos.[2] to 4 under Section 498A/406/34 Indian Penal Code, 1860 at Police Station Crime (Women) Cell, Nanakpura, Delhi.

3. Further submits that, petitioner No.l and petitioner No.5 have settled their all disputes qua the aforesaid FIR and the decree of divorce has already been granted by mutual consent on 28.04.2011.

4. As per the settlement, the total settled amount of ?2.00 Lac was to be paid by petitioner No.l to petitioner No.5. Out of the said amount, ^1.75 Lac has already been paid and the rest 2011:DHC:10648 amount of ^0.75 Lac, petitioner No.l has brought by way of pay order bearing No.225542 dated 06.07.2011 drawn on Oriental Bank of Commerce, in the name of petitioner No.5.

5. Petitioner No.5/Satywati is personally present in the Court and states that her marriage with petitioner No.l has been dissolved by mutual consent, and she does not want to pursue the case further in the aforesaid FIR. Therefore, she has no objection, if the present FIR is quashed. r 6. The pay order of ^0.75 Lac has also been handed over to ^ petitioner No.5, in the Court and same has been accepted by her without any protest.

7. Since the petitioner No.l and petitioner No.5 have settled their disputes regarding the maintenance and alimony, therefore, in the interest of justice, I quash the FIR No.32/2010 under Section 498A/406/34 Indian Penal Code, 1860 registered at Police Station Crime (Women) Cell, Nanakpura, Delhi.

8. Learned APP submits that the charge sheet has not been filed.

9. Keeping the financial position of petitioner No.l into view, I defer imposing the costs on petitioner No.l.

10. In view of above. Criminal M.C. No.2296/2011 allowed.

SURESH KAIT, J July 25, 2011 Mk