Kaushal Raj and Others vs State and Another

Suresh Kait, J.

Crl. M.A. No. 18394/2011(exemption)

Exemption allowed, subject to all just exceptions.

CRL.M.C. No. 3902/2011

Issue notice.

Learned APP accepts notice on behalf of the State. Mr. Anil Kumar Sharma, Advocate accepts notice on behalf of respondent No.2.

Ld. counsel for the petitioners submits that vide FIR No. 127 dated 21.04.2010 a case u/s 498-A/406/34 of Indian Penal Code, 1860 was

registered at PS Hari Nagar against the petitioners on the complaint of respondent No.2. He further submits that the matter was referred to the

Mediation Centre, Tis Hazari Courts, Delhi. Vide compromise dated 21.05.2010 the respondent No. 2 has settled all the issues qua the aforesaid

FIR with the petitioners.

Respondent No. 2 Ms. Sheetal Malhotra d/o late Shri P.L. Malhotra is present in the Court with her counsel Shri Anil Kumar Sharma. She has

come to the Court with her brother Shri Sharad Malhotra. Ld. counsel for the respondent No. 2, on instructions from respondent No. 2, submits

that the matter has been settled between the parties. Pursuant to their settlement, the respondent No.2 and the petitioner No. 1 have dissolved their

marriage by mutual consent vide decree dated 06.08.2011. As per the settlement, the petitioner No.1 had agreed to pay Rs.7.25 lakh to the

respondent No.2,in addition to the jewellery and other articles which have been received by her. Out of which Rs.6 lakhs have already been

received by her. The balance amount of Rs.1.25 lakh is paid in the Court today vide Pay Order No.362117 dated 22.11.2011, which has been

received by the respondent No.2.

Ld. counsel for the respondent No. 2 further submits that the total amount and articles etc. have already been received by the respondent No. 2

as agreed by the settlement and no issues remains qua the aforesaid FIR. Respondent No.2 states that she does not want to pursue the case

further and has no objection if the present FIR is quashed.

Ld. APP for the State submits that after investigation, charge-sheet has already been filed in the Court. She prayed that in the event, the FIR is

quashed, heavy costs should be imposed upon the petitioners, as the government machinery has been used and the precious time of the Court has

been consumed.

Ld. counsel for the petitioner, on instructions from the petitioner No. 1 Dr. Kaushal Raj who is working as a Medical Officer in the Rajan Babu

Hospital and Institute of Plumnery Medicine and Tuberculosis, Kingsway Camp, Delhi, submits that he would like to serve for two weeks in the

Home for Children and Destitute Women in Nirmal Chhaya since he is residing nearby Vikaspuri, Delhi.

In the above circumstances, I quash the aforesaid FIR No. 127 registered against the petitioners at PS Hari Nagar and all criminal proceedings

emanating there from.

Accordingly, I direct the petitioner No.1 Dr. Kaushal Raj to spend 1 hour daily for 15 days at Nirmal Chhaya, Jail Road, Tihar, New Delhi

from 6 to 7 p.m. w.e.f. 28.11.2011.

Thereafter, the petitioner No. 1 shall place on record the proof of the same issued by the Superintendent, Nirmal Chhaya.

Criminal M.C. 3902/2011 is allowed and disposed of.