September 30, 2011 1:30:01 am
When a divorced couple embroiled for in several litigations decided to backtrack from allegations made against each other in a court,they never imagined it would cost heavily.
The Delhi High Court noted that they must be burdened with a penalty for wasting the judiciarys time and also for involving government machinery,including the police,into their family discord. Justice Suresh Kait imposed a fine of Rs 1 lakh on the petitioner while allowing an FIR to be quashed.
The court also decided to use the money in a generous way and asked for handing over the fine amount to a government school for visually challenged children.
Justice Kait said this money should be paid by the petitioners in favour of the Delhi Child Welfare Fund,at Child Protection Unit of the Department of Women and Child Development.
I further direct the Department of Women and Child Development to disburse this money to the principal,Senior Secondary School for Blind Boys,Sewa Kutir at Kingsway Camp. Needless to state the principal shall utilise the said amount for the welfare of the visually challenged boys, ordered Justice Kait.
The court was prompted to pass the order after the couple,who got a divorce decree in November last year following a settlement,sought the judge to quash an FIR lodged by the woman against her former husband when both of them were involved in a terrible scrap.
The trial of the FIR registered by the woman against her ex-husband at DLF police station in Gurgaon,under the charges of cheating,forgery and breach of trust was transferred to Delhi on a Supreme Court order. The case was being heard at the citys Patiala House court and the charges had also been framed against the man.
However,the couple arrived at a settlement and signed a divorce deed based on mutual consent.
They subsequently moved the High Court and sought quashing of the impugned FIR. The woman also stood by the side of her ex-husband and told the court that they had amicable settled all their disputes.
Public Prosecutor Ritu Gauba,however,submitted before the court that since the government machinery has been pressed into this matter and also the precious time of the courts has been consumed,a cost must be imposed on the petitioner while quashing the FIR.
Justice Kait agreed and asked the man to pay the damages. The judge let off the woman after observing that she was a housewife and had no independent source of earning.
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