Delhi High Court
Gaurav Sharda & Anr vs State Of Nct Of Delhi & Anr on 26 September, 2011
Author: Suresh Kait
Bench: Suresh Kait
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3221/2011
% Judgment delivered on:26th September,2011
GAURAV SHARDA & ANR ..... Petitioners
Through : Mr. Jugal Wadwa Advocate along
with Petitioners present in person.
versus
STATE OF NCT OF DELHI & ANR ..... Respondent
Through : Ms. Ritu Gauba, APP for the State.
Mr.Atul Buchar, Advocate for
Respondent No.2. along with
Respondent No.2 present in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
1. Whether the Reporters of local papers may be allowed
to see the judgment? NO
2. To be referred to Reporter or not? NO
3. Whether the judgment should be reported NO
in the Digest?
SURESH KAIT, J. (Oral)
1 Issue notice.
2. Mr.C.S.Chauhan, Advocate accepts notice on behalf of Ms.Rajdipa Behura, APP for the State. Mr.Atul Buchar, Crl.M.C.No.3221/2011 Page 1 of 6 Advocate accepts notice on behalf of Respondent No.2.
3. Learned counsel for the petitioners submit that a case vide FIR No.1195/2006 dated 18.11.2006 was registered under Section 420/467/468/406/506/340/34 Indian Penal Code, 1860 at Police Station DLF, District-Gurgaon on the complaint of respondent No.2-Jyotsana Sharda against four persons. Two persons out of which, father-in-law and brother-in-law of respondent No.2, have been discharged by the learned Metropolitan Magistrate, Patiala House, New Delhi.
4. Learned APP for the State has raised an objection that the FIR was lodged in PS DLF, District Gurgaon, therefore this Court has no jurisdiction to quash the same.
5. Learned counsel for the petitioners has clarified and submits that during the pendency of the case at Gurgaon, respondent No.2 had moved the transfer petition bearing No.2002/2007 before the Supreme Court of India whereby order dated 04.12.2008, the case was transferred to Delhi High Court, therefore this Court has jurisdiction to quash the said FIR.
6. Learned counsel for the petitioners submits that the Crl.M.C.No.3221/2011 Page 2 of 6 matter has already been settled between respondent No.2 and petitioner No.1 vide Settlement Agreement dated 11.11.2010. Pursuant to the said Settlement, a decree of divorce dated 01.08.2011 has already been granted under Section 13 B (II) of Hindu Marriage Act 1955 by mutual consent.
7. Learned counsel for the petitioner further submits that since the matter has already been settled between respondent No.2/complainant and the petitioners, therefore the present FIR may be quashed.
8. Respondent No.2 Ms.Jyotsana, D/o Sh.Naresh Bhuchar, R/O 403, T-8, Maple Heights, Peer Musselah, Punchkula, Haryana who is personally present in the Court with her counsel Mr.Atul Buchar submits that, all issues have been settled qua the aforesaid FIR, therefore, she does not wish to pursue the case further. She has no objection, if the aforesaid FIR is quashed.
9 Counsel for the petitioner further submits that the total alimony has been settled at ` 40 lacs out of which ` 35 lacs has already been paid to respondent No.2 and balance sum of ` 5 lacs is handed over to respondent No.2 today in court Crl.M.C.No.3221/2011 Page 3 of 6 by way of a Bank Draft bearing No. 202489 dated 02.08.2011 drawn on ICICI Bank Limited, Panchsheel Park. Respondent No.2 has accepted the same without any protest.
10. Respondent No.2 is identified by her counsel. Additionally, a photocopy of her identity card issued by the Election Commissioner of India and a photocopy of ration card wherein her name is indicated, has also been annexed.
11. Keeping in view the fact that a settlement has already been arrived at, the marriage between petitioner No.1 and respondent No.2 has already been resolved and finally that, the respondent No.2 does not want to pursue the case further, therefore, in the interest of justice, I quash the FIR No.1195/2006 dated 18.11.2006 registered at P.S.DLF, District Gurgaon and emanating proceedings thereto. 12 Learned APP for the State and learned counsel for the petitioners submit that after framing the charges, the matter is pending for prosecution evidence before the Metropolitan Magistrate at Patiala House, New Delhi.
13. It is submitted by the learned APP for the State that Crl.M.C.No.3221/2011 Page 4 of 6 although the Government machinery has been pressed into and the precious time of the Court has been consumed, therefore, while quashing the FIR, heavy cost should be imposed on the petitioners.
14. In the interest of justice while quashing FIR No.1195/2006 and emanating proceedings thereto, I impose cost of ` 1,00,000/- on the petitioner No.1, however, I defer in imposing costs on petitioner No.2, who is house wife and has no earning. The cost shall be paid by the petitioners in favour of 'Delhi Child Welfare Fund', at Child Protection Unit, Department of Women and Child Development, 1, Canning Lane, K. G. Marg, New Delhi, within one week from today and the proof of the same shall be placed on record.
14. I further direct the Department of Women and Child Development, NCT of Delhi that the said amount shall be disbursed to the Principal Sr. Secondary School for Blind Boys, Sewa Kurir, B.B.M. Depot Road, Kingsway Camp, Delhi. Needless to state that the Principal of the said school shall utilize the said amount for the welfare of the visually challenged boys. In case the Principal of the school has no separate bank account, I further direct the Principal that the Crl.M.C.No.3221/2011 Page 5 of 6 account shall be opened within two days from the receipt of this order and the amount shall be deposited in that account, thereafter the same shall be utilized for the purpose as stated above.
15. Learned counsel for the respondent, on instructions, ensures this Court that that as per the settlement, the respondent-2 will appear before the Chandhigarh Courts on 29.02.2012 to get the FIR and emanating proceedings to be quashed.
16. Crl.M.C.No.3221/2011 is allowed.
17. Dasti.
SURESH KAIT, J SEPTEMBER 26, 2011 sa Crl.M.C.No.3221/2011 Page 6 of 6