Crl.M.C.4120/2011 Page 1 of 3 $~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4120/2011 % Judgment delivered on:12th December, 2011 SHAILENDER KUMAR VIRWANI & ANR ..... Petitioner Through : Mr. Bhupender Mahtani, Adv. versus STATE & ANR ..... Respondent Through : Ms. Rajdipa Behura, APP. Mr. Devender Khatana, Adv. For R2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral) CRL. M.A. 19176/2011 (Exemption) Allowed subject to all just exceptions. CRL. M.C. 4120/2011 1 Notice issued. 2 Ms. Rajdipa Behura, learned APP accepts notice on behalf of State. 3 Mr. Devender Khatana, learned counsel accepts notice on behalf of respondent No. 2. Crl.M.C.4120/2011 Page 2 of 3 4 Learned counsel for petitioners submits that vide FIR No. 610 dated 22.04.2006, a case under Section 498 A IPC was registered against the petitioners at P.S. Sultanpuri, Delhi. 5 Learned APP for State submits that the Charge-sheet has been filed and Charges are yet to be framed. 6 Respondent No. 2 is personally present in the court today. She has been duly identified by her counsel, Mr. Devender Khatana, Advocate 7 Learned counsel for respondent No. 2, on instructions submits that the matter has been settled amongst the parties and the marriage between petitioner No.1 and respondent No. 2 has been dissolved vide divorce by mutual consent dated 20.09.2011. He submits that respondent No. 2 is no more interested in pursuing the case and has no objection if the present FIR is quashed. 8 Learned APP for State submits that Government Machinery has been mis-used and precious time of the court has been consumed, therefore, heavy costs shall be imposed before quashing the FIR. 9 Though, I find force in the submission made by learned APP for State, but keeping in view, the poor financial condition of the petitioners, I refrain imposing costs upon them. 10 In the interest of justice and keeping in view the statement of respondent No. 2, I quash the FIR No. 610/2006, P.S. Sultanpuri and all the proceedings emanating therefrom. Crl.M.C.4120/2011 Page 3 of 3 11 Criminal M.C. 4120/2011 is allowed. 12 Dasti. SURESH KAIT,J DECEMBER 12, 2011 j