Chandveer Singh & Ors v. State & Ors

SURESH KAIT, J. (Oral) CRL. M.A. 12591/2011 (Exemption)

Allowed subject to all just exceptions. Notice. Ms. Ritu Gauba, learned APP for State accepts notice on behalf of respondent No.1/State.

Mr. O.N. Rattanpal, Advocate accepts notice on behalf of respondent No. 2/complainant. Learned counsel for the petitioner submits that vide FIR No. 174/2003, a case under Sections 498A/494/406/506/34 Indian Penal Code, 1860 was registered at P.S. Rohini, Delhi on the complaint of respondent No. 2/complainant. It is further submitted that vide settlement dated

04.04.2009, the parties have amicably settled the matter arising between them qua the aforesaid FIR for a total sum of Rs.8 Lacs. Respondent No.2/complainant is personally present in the court. She is duly identified by Mr. O.N. Rattanpal, Advocate. She submits that she has settled her disputes with the petitioners on the receipt of Rs.8 Lacs as full and final settlement and nothing remains due qua the aforesaid FIR, and she has no objection if the instant FIR is quashed. Learned APP for State submits that Government machinery has been used and the precious time of the court has also been consumed, 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, and impose a costs of Rs.25,000/- to be paid by petitioner No. 1 in favour of Principal, Sr. Secondary School for Blind Boys, Sewa Kutir, B.B.M. Depot Road, Kingsway Camp, Delhi within four weeks from today. The proof of payment of costs shall be placed on record. I refrain myself on imposing costs upon the rest of the petitioners because of their poor financial conditions. Keeping in view the settlement arrived at between the parties, statement of respondent No. 2/complainant, I quash FIR No.174/2003, P.S. Rohini, under Sections 498A/494/406/506/34 Indian Penal Code, 1860 and the all proceedings emanating therefrom. CRL. M.C. 3551/2011 is allowed and disposed of accordingly. Dasti.

SURESH KAIT,J

OCTOBER 24, 2011 j

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3551/2011 % Judgment delivered on: 24th October, 2011 CHANDVEER SINGH & ORS. ..... Petitioner Through : Mr. L.D. Mual, Adv. versus STATE & ORS. ..... Respondent Through : Ms. Ritu Gauba, APP. Mr. O.N. Rattanpal, Adv. for R2/complainant. CORAM: HON'BLE MR. JUSTICE SURESH KAIT 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to Reporter or not? 3. Whether the judgment should be reported in the Digest?