CRL.M.C./4084/2011 of SONU @ MOM RAM & ORS Vs STATE OF NCT OF DELHI & ANR
Parties
- SONU @ MOM RAM & ORS (PETITIONER)
- STATE OF NCT OF DELHI & ANR (RESPONDENT)
Cites (1)
- WRIT PETITION 732 of 2016 (2025)
Statutes cited (1)
Full text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4084/2011
% Judgment delivered on:9[th] December, 2011
SONU @ MOM RAM & ORS ..... Petitioner Through : Mr. Vinod Kumar, Adv.
versus
STATE OF NCT OF DELHI & ANR ..... Respondent Through : Mr. Naveen Sharma, APP. Mr. S.K. Dayal, Adv. for R2.
CORAM:
HON’BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CRL. M.A. 19074/2011(Exemption)
Allowed subject to all just exceptions.
CRL. M.C. 4084/2011
1 Notice issued.
2 Mr. Naveen Sharma, learned APP accepts notice on behalf of
State.
3 Mr. S.K. Dayal, Advocate accepts notice on behalf of
Respondent No. 2/complainant.
Crl.M.C.4084/2011
4 Learned counsel for the petitioners submits that vide FIR No. 357 dated 24.5.2007, case under Sections 498A/406/34 Indian Penal Code, 1860 at P.S. Kalyan Puri, Delhi against the petitioners on the complainant of respondent No.2.
5 Learned counsel further submits that the parties have settled all their disputes qua the aforesaid FIR and the marriage between petitioners No. 1 and respondent No. 2 has been dissolved vide decree of divorce dated 11.05.2010 by mutual consent.
6 Respondent No.2/complainant is personally present in the court. She has been duly identified by Mr. S.K. Dayal, Advocate.
7 Learned counsel for the respondent No. 2 on instructions submits that respondent No. 2 does not want to pursue the case further and she has no objection if the present FIR is quashed.
8 Learned APP for State submits that Charge-sheet has been filed in the trial court and the matter is at the stage of recording Prosecution Evidence.
9 Learned APP further submits that if this court is inclined to quash the FIR, heavy costs should be imposed upon the petitioners because Government Machinery has been mis-used and precious time of the court has been consumed.
10 I find force in the submissions made by learned APP for State, but keeping in view the poor financial condition of the petitioners, I refrain imposing costs upon them.
11 Keeping in view the settlement arrived at between the parties and statement made by respondent No. 2, I quash the FIR No. 357/2007, P.S. Kalyanpuri, Delhi and all the proceedings emanating
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therefrom.
12 Criminal M.C. 4084/2011 is allowed.
13 Dasti.
SURESH KAIT,J
DECEMBER 09, 2011
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