Delhi High Court
Mohd. Danish & Ors vs The State ( Govt Of Nct Of Delhi) & ... on 7 October, 2015
Author: Siddharth Mridul
#25
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 07.10.2015
W.P.(CRL) 2249/2015 & CRL.M.A. 14811/2015
MOHD. DANISH & ORS ..... Petitioners
Through: Mr Urooj Ahmad Khan, Advocate.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through: Mr R.S.Kundu, Addl. Standing
Counsel (Crl.) with SI Khem Chand,
PS- Welcome.
Mr Akhtar Shamim, Advocate for R-
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 (hereinafter
referred to as 'the Code') praying for a direction to quash FIR No.753/2014
under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition
Act, 1961 registered at Police Station- Welcome Colony, Delhi, and the
proceedings arising therefrom.
2. The facts as are relevant for the purposes of the present petition are
that the respondent No.2/complainant was married to petitioner No.1 as per
Muslim rites and customs on 12.10.2008. The parties to the marriage have
two children, namely, Arman and Arhan who were born on 12.01.2010 and
31.07.2011 respectively. Arman and Arhan are in the custody of the
respondent No.2/ complainant and the petitioner No.1 has agreed that he
shall have no visitation rights. The petitioner No.1 has further agreed that he
shall not claim the custody of the said children at any stage. Owing to
ideological and temperamental differences the parties to the marriage have
been living separately since 09.05.2013. On a complaint filed by the
respondent No.2, the subject FIR was registered against the petitioner No.1
and his family members. With the intervention of the Delhi Mediation
Centre, Karkardooma Courts, Delhi, the parties have arrived at an amicable
resolution of all their matrimonial disputes. The agreement arrived at
between the parties before the Delhi Mediation Centre, Karkardooma Courts,
Delhi, reveals the terms and conditions of the said settlement. They are as
follows:
"1. Admittedly, the Talaq, as per Muslim Law, has
already been pronounced by the respondent No.1 to
the complainant Ms. Shafia on 03.07.2013 through
written talaqnama which has been acknowledged by
her.
2. It is agreed between the parties that the
respondent no.1 shall pay the total sum of Rs.
3,00,000/- (Rupees Three Lacs only) to the
complainant Ms. Shafia as full and final settlement of
all her claims arising out of the marriage with the
respondent no.1 including maintenance (present, past
and future) of the complainant as well as abovesaid
children, permanent alimony, dowry articles,
jewellery, mehar etc.
3. It has been further agreed between the parties
that the agreed amount of Rs.3,00,000/- shall be paid
as under:-
(i) Rs.2,00,000/- (Rupees Two Lacs only)
shall be paid by way of cash/DD before the
concerned court on 04.02.2015.
(ii) Rs.50,000/- (Rupees Fifty Thousand
only) shall be paid by way of cash/DD at the
time of withdrawal of present case from the
concerned court on the date fixed.
(iii) Remaining amount of Rs.50,000/-
(Rupees Fifty Thousand only) shall be paid by
way of cash/DD at the time of quashing of
instant FIR before the Hon'ble High Court of
Delhi which shall be filed by respondent no.1 in
the last week of September, 2015 and the
complainant Shafia shall cooperate by giving
her statement at the time of quashing of FIR
before the Hon'ble High Court of Delhi.
4. It is agreed between the parties that the custody
of minor children Arman and Arhan shall remain with
the complainant no.1 and respondent no.1 shall have
no visitation right and he shall not claim their custody
at any point of time. The complainant no.1 shall take
proper care for upbringing of the children.
5. It is agreed that after receipt of the entire settled
amount of Rs.3,00,000/- in the manner as agreed
herein above, the complainant shall be left with no
disputes/claims against the respondent no.1 or any of
his family members in future.
6. It has been further agreed that apart from above,
no other case or complaint is pending before any court
of law or authority and if found, the same shall be
deemed to be settled as withdrawn in view of the
present settlement.
7. It is agreed between the parties that this
settlement is arrived at between the parties voluntarily
without there being any pressure, coercion or threat or
undue influence of any kind."
3. In a nutshell it has been agreed by and between the parties that the
petitioner No.1 shall pay, in aggregate, a sum of Rs.3,00,000/- to the
respondent No.2 towards all the latter's claim including maintenance
towards past, present and future. A sum of Rs.2,50,000/- has already been
received by the respondent No.2. The balance amount of Rs.50,000/- has
been paid to the respondent in cash in court today. The respondent No.2
acknowledges receipt of the said sum. The respondent No.2, who is present
in person and has been identified by the IO in the subject FIR, SI Khem
Chand, 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
emanating therefrom.
4. Since the dispute between the parties, which arose out of a marital
discord, has been settled amicably without any undue influence, pressure or
coercion, no useful purpose will be served by proceeding with the subject
FIR and the proceedings arising therefrom.
5. Resultantly, FIR No.753/2014 under Sections 498A/406/34 IPC and
Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station-
Welcome Colony, Delhi, and the proceedings arising therefrom are hereby
set aside and quashed qua the petitioners subject to their depositing a sum of
Rs.5,000/- in aggregate with the New Delhi Bar Association Library Fund
within a period of two weeks from today. Receipt thereof shall be provided
to the IO in the subject FIR.
6. The petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
OCTOBER 07, 2015
mk
