Lalit Kumar and Ors vs State and Another

Suresh Kait, J.

CRL. M.A. 12176/2011 (Exemption)

Exemption allowed subject to all just exceptions.

CRL. M.C. 3431/2011

Notice issued.

Ms. Ritu Gauba, learned APP accepts notice on behalf of respondent No. 1/State.

Mr. Sushil Bali, Advocate accepts notice on behalf of respondent No. 2/complainant.

Learned counsel for the petitioner submits that vide FIR No. 1133/2005, a case under Sections 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners at P.S. Rajouri Garden, New Delhi on the complaint of complainant/Respondent No. 2.

Further submits that the parties have amicably settled the matter for a total sum of Rs.1,60,000/-. Out of the total settled amount, an amount of Rs.1,10,000/- has already been paid by the petitioner No. 1 to respondent No. 2.

Respondent No. 2/complainant/Ms. Anita is personally present in the court today. She has been duly identified by the IO/ASI Sukhbir Singh and her counsel, Mr. Sushil Bali, Advocate.

Respondent No.2/complainant submits that she has settled all her disputes qua the aforesaid FIR with the petitioners vide compromise dated 05.03.2011.

Petitioner No. 1 is personally present in the court today. For balance payment, he hands over a Demand Draft No.759090 for a sum of Rs.50,000/- drawn on Indian Bank, Preet Vihar, dated 13.09.2011 to respondent No. 2/complainant.

Respondent No.2/complainant accepts the same without protest.

Respondent No. 2/complainant submits that all her claims for maintenance/alimony etc. stands satisfied and she does not want to pursue the case further and she has no objection if the above mentioned FIR is quashed.

Learned APP for State submits that the matter is at the stage of recording of Prosecution Evidence after framing of Charge in the trial court.

She further submits that the precious time of the court as well as the Government Machinery has been misused and therefore, heavy costs should be imposed upon the petitioners before quashing the FIR.

I find force in the submissions made by learned APP for State.

In the facts and circumstances and in view of the settlement arrived at between the parties and in view of the statement made by the respondent No. 2 in the court today, in the interest of justice, I quash the FIR No. 1133/2005,under Sections 498A/406/34 Indian Penal Code, 1860, registered at P.S. Rajouri Garden, New Delhi and the proceedings emanating therefrom.

A cost of Rs.25,000/- is imposed upon petitioner No. 1/husband, who is running a Confectionary shop and a cost of Rs.10,000/- is imposed upon petitioner No.4/sister-in-law, who is working as Stenographer in District Courts. The costs shall be deposited in favour of "Welfare Fund for Children and Destitute Women'', Department of Women and Child Development, 1 Canning Lane, K.G. Marg, New Delhi. This amount shall be utilised for the welfare of inmates of Ashiana Children Home for Boys-II, Alipur, Delhi-36. Proof of payment of costs shall be placed on record. I refrain imposing costs upon petitioners No.2 and 3, being senior citizens.

Criminal M.C. 3431/2011 is allowed and disposed of in the above terms.