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2012 DIGILAW 200 (DEL)

Nitin Pal v. State

2012-01-19

SURESH KAIT

body2012
Judgment : SURESH KAIT, J. 1. Learned counsel for the petitioner submits that FIR No.8 dated 19.1.2011 under Section 498-A/406/34 Indian Penal Code, 1860 was registered on the complaint of respondent no.2 against the petitioners at police station Crime (Women) CAW Cell Nanak Pura. 2. Learned Counsel further submits that the matter has already been settled between the parties and respondent no.2 is no more interested to pursue the case. Even the marriage between the petitioner no.1 and respondent no.2 has been dissolved vide decree of divorce dated 31.10.2011. 3. Respondent no.2 is present in Court with her counsel. She has come with her father, namely, Jeevan Kumar Monga. Learned counsel on instructions from respondent no.2 submits that pursuant to the settlement arrived at between the petitioner and respondent no.2 marriage has been dissolved as stated by learned counsel for the petitioner. 4. For identification they have produced their Voter Cards issued by Election Commissioner of India bearing No.GXX1157890 of Anupa and bearing No.GXX1157809 of Mr. J.K. Monga. Originals seen and returned to respondent no.2 and her father, namely Jeevan Kumar Monga. 5. Learned counsel on instructions further submits that at the time of settlement the petitioner agreed to pay Rs.6.75 lacs to respondent no.2. The amount of Rs.5.00 lac have already been received. Apart from that Rs.1,75,000/-has been received today in the Court by way of Banker’s cheque bearing no.812265 dated 18.1.2012 drawn on State Bank of Hyderabad, PSB KG Marg, New Delhi. 6. Learned APP on the other hand submits that investigation is going on. Charge-sheet is yet to be filed. She further submits that if this Court is inclined to quash the FIR heavy cost heavy costs should be imposed upon the petitioners, as the government machinery has been used and precious time of the Court has been consumed. 7. Keeping the settlement in view and the statement of respondent no.2 and the decree of divorce dated 31.10.2011 and in the interest of justice I quash the FIR No.8/2011 registered at Police Station CAW Cell Nanak Pura. 8. I find force in the submission of learned APP. Therefore, I, impose a cost of Rs.1 lac on the petitioner no.1. I refrain from imposing cost on petitioner no.2 who has retired from BHEL and petitioner no.3 who is his wife and is a home maker and is not earning. 8. I find force in the submission of learned APP. Therefore, I, impose a cost of Rs.1 lac on the petitioner no.1. I refrain from imposing cost on petitioner no.2 who has retired from BHEL and petitioner no.3 who is his wife and is a home maker and is not earning. Petitioners No.4 and 5 are the sister and brother in-law of petitioner no.1. Therefore, I refrain from imposing Cost on them also. 9. Petitioner no.1 is directed to deposit the amount of Rs.1 lac in favour of Govt. Lady Noyee School for Deaf, Delhi Gate behind Ferozashah Stadium within three weeks from today. Proof of the same shall be placed on record by the petitioners. 10. The Principal of Govt. Lady Noyee School for Deaf, is further directed to keep this amount in FDR form initially for a period of two years with periodical renewals thereafter and interest thereupon shall be utilized for the well being of needy students of the said school. 11. Crl. M.C.3638/2011 is allowed. 12. Dasti.