Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No. 172/2012
th
% Judgment delivered on:24 February, 2012
RAJ KUMAR& ORS ..... Petitioner
Through : Mr. Dinesh Sabharwal, Adv.
versus
STATE & ANR. ..... Respondent
Through : Mr. Navin Sharma, APP with SI
Mahender Singh.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Learned counsel for the petitioner submits that vide FIR no.
806/1998 dated 07.11.1998 registered at PS Ashok Vihar u/s
498A/406/34 Indian Penal Code, 1860 against the petitioners.
2. It is further submitted that respondent no. 2 thereafter amicably
settled all the issues qua the aforesaid FIR and consequent to the
settlement, marriage between petitioner no. 1 and respondent no. 2 has
been dissolved by mutual consent vide decree of divorce dated
17.04.2000.
3. It is further submitted that petitioner no. 1 and respondent no. 2
have already remarried with the respective persons and living happily
with their spouses.
Crl.M.C.No.172/2012 Page 1 of 2
4. Respondent no. 2 is personally present in the court and has been
identified by learned counsel for the petitioner and submits that she has
settled all the disputes qua the aforesaid FIR and has already married to
someone and living happily. She has no objection if the FIR mentioned
above thereto is quashed.
5. On the other hand, learned APP submits that in the present case,
chargesheet has already been filed and charges have been framed and
the matter is pending for prosecution evidence.
6. Further submits that if this court is inclined to quash the FIR,
heavy cost should be imposed upon the petitioners. As in this process
government machinery has been pressed into and precious time of the
court has been consumed.
7. Keeping the settlement into view, statement of respondent no.2,
that she has remarried and leading her life happily and she has no
objection if the abovementioned FIR is quashed. Therefore, in the
interest of justice, I quashed the FIR no. 806/1998 dated 07.11.1998
registered at PS Ashok Vihar u/s 498A/406/34 Indian Penal Code,
1860 with emanating proceedings thereto against the petitioners.
8. Though, I found forced in the submission made by learned APP
but keeping the financial position of the petitioner into view, I refrain
from imposing cost on them.
9. Hence, the present petition is allowed.
SURESH KAIT, J
FEBRUARY 24, 2012
ac
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