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2011 DIGILAW 1086 (DEL)

Vijay v. State

2011-12-15

SURESH KAIT

body2011
JUDGMENT SURESH KAIT, J. 1. Learned Counsel for petitioner submits thatvide FIR No. 454/2008 dated 26.8.2008 case under Sections 498A/406/34, IPC was registered against the petitioner on the complaint of respondent No. 2 at Police Station Sangam Vihar, New Delhi. 2. He further submits thatvide compromise dated October, 2009 both the parties settled their issues and marriage between the petitioner and respondent No. 2 has been dissolved by mutual consent divorcevide decree dated 16.5.2011. The total payment of Rs. 2.25 lacs as agreed between the parties had already been paid to respondent No. 2.Pursuant thereof, respondent No. 2 is not interested in pursuing her caseand present FIR may be quashed. 3. Respondent No. 2 is present in the Court with her learned Counsel Mr. Sunil Kumar who duly identified her. In addition, Investigating Officer ASI Pritam Singh also identifies her. She submits that her marriage with petitioner has been dissolved. She hadalready received the total settled amount and she is no more interestedin pursuing her case anymore against the petitioner. She has noobjection, if the present FIR is quashed. 4. Mr. Navin Sharma, learned APP for State on instructions submitsthat after framing of charge against the petitioner, matter is pending forrecording prosecution evidence before learned Trial Court. 5. He further submits that if this Court is inclined to quash theinstant FIR, then petitioner may be put to some terms, as theGovernment machinery put into action and precious time of the Courthas been used. 6. Keeping the settlement between the parties, dissolution of theirmarriage and submission of respondent No. 2, into view, in the interestof justice, FIR No. 454/2008 registered against the petitioner Police Station Sangam Vihar, New Delhi and proceedings germinating thereto are hereby quashed. 7. Though, I find force in the submission of learned APP, however, considering the financial status of petitioner, I am not inclined to put any costs upon him. 8. Accordingly, Criminal M.C. No. 4106/2011 is allowed and stands disposed of. 9. Dasti.