Delhi High Court
Abid & Ors vs State (Nct Of Delhi) & Anr on 23 December, 2015
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23rd December, 2015
W.P.(CRL) 3104/2015 & CRL.M.A. 18985/2015
ABID & ORS ..... Petitioners
Through: Mr Sunil Kumar, Advocate.
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr Rajesh Mahajan, Addl. Standing
Counsel (Crl.) with SI Yogesh Kumar,
PS- Bhajanpura.
Ms Anju Sharma, Advocate for
complainant.
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 seeking
quashing of FIR No.343/2015 under Sections 406/498-A IPC registered at
Police Station-Bhajan Pura, North-East Delhi and the proceedings arising
therefrom.
2. Abid and Parveen, petitioner No.1 and respondent No.2 respectively
were married according to Muslim rites and ceremonies on 04.04.2012. One
female child, namely, Iqra has been born out of the said wedlock. Iqra is now
aged about three years old and is in the care and custody of the respondent
No.2. Owing to ideological and temperamental differences, the subject FIR
was registered on a complaint filed on behalf of the respondent No.2-wife
against the petitioner No.1-husband and his family members, who are the
other petitioners in the present writ petition.
3. Counsel for the parties state that with the intervention of the elders in
the family and friends, the parties to the union have arrived at an amicable
resolution of their matrimonial dispute which culminated into a Compromise
Deed dated 21.11.2015. The salient terms and conditions of the said
Compromise Deed dated 21.11.2015 are as under:-
"1. That both the parties are Muslims by religion
and they had got married on 4/4/2012 in Delhi
as per Muslims rites and Ceremonies. And out
of this wedlock one female child name Iqra
was born.
2. That due to temperamental differences, both
the parties have been residing separately at
their houses since June 2012 and since then
there has been no marital relation between
them.
3. That as a result of all these circumstances, both
the parties have decided to stay and live
separately with mutual consent. And they have
dissolved the marriage with mutual consent
and with their own wish and without and force.
After this divorce/dissolution of marriage,
there will be no relations between both parties
and divorce will come into force from the date
of execution of this compromise deed.
4. That the second party shall not claim any kind
of maintenance from first party after today.
The amount of Mehar and Iddat and
Maintenance (Present, past and future) has
been settled at Rs.5,00,000/- which the first
party shall pay to second party and the second
party has received all dowry articles, Stridhan,
jewelry etc. from the first party.
5. That the first party has given a bank draft to
the amount of Rs.1,50,000/- to the second
party before the Hon'ble Court on 21/11/15
and in the spirit of compromise deed, the
second party has withdrawn the case U/s 12
Domestic violence against the women Act.
6. That the second party shall withdraw the case
U/s 125 Cr.P.C. before the Hon'ble Court on
11/12/15 on which it is pending for hearing.
And First party shall pay Rs.1,50,000/- to
second party before the Hon'ble High Court of
Delhi at the time of Quashing of F.I.R. vide
no.343/15 U/s 498-A/406/34 I.P.C. registered
at P.S. BhajanPura. And the first party will pay
the remaining amount of Rs.2,002000/- to the
second party in the form of F.D.R. in the name
of Baby Iqra on 23/11/2015.
7. That the baby Iqra shall remain in custody of
second party and second party shall not claim
any maintenance in future regarding her.
8. That the first party shall divorce second party
on 21/11/2015 at the time of Hon'ble Court.
9. That the first party has dissolved the marriage
without any pressure and force before the
following witnesses by pronouncing that
Praveen Naj I divorce you, Praveen Naj I
divorce you and the second party has accepted
the divorce without any pressure.
10. That second party has accepted this divorce
before the following witnesses and both the
parties have put their signatures on this deed of
divorce.
11. That both the parties are free and no relation
between them exist now and both the parties
can get another marriage as per their own wish.
12. That the first party and second party shall not
file any complaint or case against each other or
their family members in future in any Court,
Police Station etc. And they shall withdraw the
suit, case or dispute, if any, is pending in any
Court."
4. Counsel for the parties state that pursuant to the aforesaid
Compromise Deed dated 21.11.2015, a sum of Rs.3 lac has already been
received by respondent No.2 (wife). The balance sum of Rs.2 lac has been
brought to the court in the shape of a Bankers Cheque dated 21.12.2015
bearing No.309533 drawn on Bank of India, Asaf Ali Raod, Delhi, in favour
of respondent No.2(wife). The respondent No.2 (wife) acknowledges receipt
thereof subject to its encashment.
5. The respondent No.2-complainant, who is present in Court and has
been identified by the IO in the subject FIR, namely, SI Yogesh Kumar, PS-
Bhajanpura, states that in pursuance to the settlement arrived at between the
parties to the union, she is no longer keen to proceed with the subject FIR
and the proceedings arising therefrom.
6. Since the dispute between the parties which arose out of a matrimonial
discord between petitioner No.1 and respondent No.2 and resulted in the
registration of the subject FIR, has been settled amicably by way of a
Compromise Deed dated 21.11.2015 without any undue influence, pressure
or coercion; and since the agreement between the parties is lawful, no useful
purpose will be served by proceeding with the subject FIR and the
proceedings arising therefrom.
7. Resultantly, the FIR No.343/2015 under Sections 406/498-A IPC
registered at Police Station-Bhajan Pura, North-East Delhi and the
proceedings arising therefrom are hereby set aside and quashed qua all the
petitioners subject to their depositing a sum of Rs.5,000/- each in the A/c
No.6389223840, Indian Bank, Yamuna Vihar (2763) in the name of Iqra
M/G Parveen Jahan, within a period of two weeks from today. A copy of the
receipt thereof shall be provided to the IO in the subject FIR.
8. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 23, 2015
mk
