Delhi High Court
Mohd Farman & Ors vs The State & Anr on 11 December, 2015
#33
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11.12.2015
W.P.(CRL) 2907/2015
MOHD FARMAN & ORS ..... Petitioner
Through: Mr. Farhat Qadeeri, Advocate
versus
THE STATE & ANR ..... Respondents
Through: Mr. R.S. Kundu, ASC (Criminal) with
Mr. Vishesh Wadhwa, Advocate and
SI Vinay Kumar, PS- Khajuri Khas,
Delhi
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
seeking quashing of FIR No.495/2013, under Sections 498-A/406/34 IPC,
registered at Police Station- Khajoori Khas, Delhi and the proceedings
arising therefrom.
2. Mohd. Farman and Sonu, petitioner No.1 and respondent No.2
respectively were married according to Muslim rites and ceremonies on
06.01.2013. No child was born out of the said wedlock. Owing to
ideological and temperamental differences the parties to the marriage have
been living separately since 02.03.2013. On a complaint filed by the
respondent No.2 (wife) against her husband (petitioner No.1) and his family
members, the subject FIR was registered.
3. Eventually better sense prevailed and the parties decided to settle all
their matrimonial disputes with the assistance of Counselling Cell, North
East District, Family Courts, Vishwas Nagar, Delhi. The settlement
agreement dated 10.11.2015 is annexed to this petition as Annexure A-4.
The salient terms and conditions of the said settlement agreement dated
10.11.2015 are as follows:-
"1. It has been agreed between the parties that both
the parties shall take divorce by way of Muslim
Law (Shariyat).
2. It has agreed between the parties that
respondent/husband shall pay a total sum of
Rs.55,000/- (Rupees Fifty Five Thousand Only)
to the petitioner/wife for full and final
settlement against stridhan, dowry articles,
present, past, future maintenance, mehar, iddat
and permanent alimony.
3. It has agreed between the parties that both the
parties shall withdraw the case No.MT-
186/2015 & ML-116/14 which is pendnign
before the court of Sh. A.S. Jayachandra, Ld.
Principal Judge.
4. It has agreed between the parties that the
respondent/husband shall pay Rs.20,000/- to the
petitioner/wife at the time of quashing of FIR
No.495/13, P.S. Khajoori Khas, U/s 498A IPC
& 3/4 D.P. Act on or before 09.12.2015. The
oral pronouncement of divorce will be given at
the time of quashing by the respondent/husband
to the petitioner/wife.
5. It has agreed between the parties that the
remaining amount of Rs.35,000/- (Rupees
Thirty Five Thousand Only) will be paid on
27.01.2016 before the Hon'ble Court of Ms.
Harleen Singh, M.M., Karkardooma Courts,
Delhi and the petitioner/wife shall withdraw her
complaint u/s 12 PWDV Act after receiving the
remaining amount."
4. In a nutshell it has been agreed by and between the parties that Mohd.
Farman shall pay a sum of Rs.55,000/- to Sonu as full and final settlement
against stridhan, dowry articles, present, past, future maintenance, mehar,
iddat and permanent alimony. In pursuance to the aforesaid settlement, a
sum of Rs.20,000/- has been handed over to the complainant in Court today
who acknowledges receipt theeof.
5. Soni, respondent No.2/complainant along with her father Sabbir
Ahmed, who are present in Court and have been duly identified by IO SI
Vinay Kumar, Police Station- Khajuri Khas, Delhi states that in view of the
settlement arrived at between the parties, she is no longer keen to proceed
with the subject FIR and the proceedings arising therefrom.
6. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
7. Consequently, FIR No.495/2013, under Sections 498-A/406/34 IPC,
registered at Police Station- Khajoori Khas, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua the petitioners.
8. The petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 11, 2015
dn
