Delhi High Court
Mustaqueem Alvi @ Mustaqueem ... vs The State Of Delhi & Anr on 21 April, 2016
#4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 21st April, 2016
+ W.P.(CRL) 52/2016
MUSTAQUEEM ALVI
@ MUSTAQUEEM AHMAD & ORS ..... Petitioners
Through Mr. Nazim Hussain Qureshi and Mr.
Mohd. Umar Qureshi, Advs.
versus
THE STATE OF DELHI & ANR ..... Respondents
Through Ms. Kamna Vohra, ASC (Crl.)
Mr. Niteshwar Singh, Adv. for R-2 along
with Respondent no. 2/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. 59/2015 under Sections 406/498A/34 IPC registered at
Police Station- Jagatpuri, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner no. 1 (husband) and respondent
No.2/complainant (wife) were married to each other according to Muslim rites
and customs on 27th October, 2013. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since 15th May, 2014. No child has been born out of the said wedlock. On a
complaint instituted by respondent no.2 (wife), the subject FIR was registered
against the petitioner no. 1 (husband) and his family members.
3. Counsel for the parties state that with the aid and assistance of Delhi
Mediation Centre, Karkardooma Courts, Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably by an order
dated 15th May, 2015. The salient terms and conditions of the settlement as
enshrined in the said order are as follows:-
"1. It has been agreed between the parties that the
respondent/husband shall pronounce talaq upon
complainant/wife on 3.6.2015 as per Muslim Law.
2. It has been agreed between the parties that the respondent
no. 1/husband shall pay Rs. 1,50,000/- (Rs. One Lac Fifty
Thousand only) to the complainant/wife towards full and final
settlement of all the rights and claims of complainant arising
out of present marriage such as maintenance (past, present and
future), permanent alimony, dowry articles and mehar etc.
3. It has been further agreed between the parties that out of
the above mentioned settled amount, Rs. 50,000/- (Rupees
Fifty Thousand only) shall be paid by the respondent/husband
to the complainant by way of cash in the court concerned on
3.6.2015.
4. It has been further agreed between the parties that Rs.
50,000/- (Rupees Fifty Thousand only) shall be paid by the
respondent/husband to the complainant by way of cash in the
court concerned at the time of withdrawal of the present DV
Act on 21.07.2015.
5. It has been further agreed between the parties that Rs.
50,000/- (Rupees Fifty Thousand only) shall be paid by the
respondent/husband to the complainant by way of cash in the
court concerned at the time of quashing of the abovesaid FIR
bearing no. 59/2015 before the Hon'ble High Court of Delhi
at New Delhi and the complainant shall cooperate with the
respondents in getting the abovesaid FIR quashed and the
quashing petition shall be filed by the respondents on or
before 21.8.2015.
6. It is further agreed that after this settlement, both the
parties shall be left with no claims against each other of any
nature whatsoever and shall be free to live their lives
independently without interference of each other and shall not
claim any rights in any movable or immovable properties of
the respondent/husband and vice-versa and his family
members and also both the parties and their relatives shall not
file any case/litigation against each other in future pertaining
to this marriage.
7. It is agreed that both the parties have arrived at the present
settlement out of their free will and consent without any force,
compulsion or coercion and they are signing the present
settlement after fully understanding the contents of the same,
which have also been read over to them in vernacular.
8. It is agreed that both the parties undertake to remain bound
by the terms of settlement."
4. In a nutshell, it is agreed by and between the parties to the union that
respondent no. 2 (wife) shall be paid a total sum of Rs. 1.50 lakhs towards all
her claims against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement
between the parties to the union, the sum of Rs. 1 lakh has already been
received by respondent no.2 (wife). The balance sum of Rs. 50,000/- has been
handed over to the respondent no. 2(wife) in Court today. The latter
acknowledges receipt thereof.
6. Counsel for the parties also state that pursuant to the settlement arrived at
between the parties to the union, talaq as per Muslim Personal Law has been
duly pronounced thrice by the petitioner no. 1 (husband) upon respondent no. 2
(wife) on 20th June, 2015 and the statements of the parties in this behalf have
also been recorded before the learned Metropolitan Magistrate, Mahila Court-I,
Karkardooma Courts, Delhi.
7. Ms. Samreen, the respondent No.2/complainant (wife), who is present in
Court and has been identified by her counsel Mr. Niteshwar Singh, Advocate,
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 emanating therefrom.
8. 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 settlement
before the Delhi Mediation Centre, Karkardooma Courts, Delhi by order dated
15th May, 2015, without any undue influence, pressure or coercion; and the
settlement between the parties is lawful, no useful purpose will be served by
proceeding with the subject FIR and the proceedings arising therefrom.
9. Resultantly, the FIR No. 59/2015 under Sections 406/498A/34 IPC
registered at Police Station- Jagatpuri, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners.
10. It is also observed that as a consequence of the settlement arrived at
between the parties to the marriage, a quietus will be applied to the case filed by
the respondent no.2/complainant (wife) under Section 12 of the DV Act, 2005,
in addition to the disposal of the present writ petition.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
12. Copy of this order be given dasti to counsel for the parties under
signature of the Court Master.
SIDDHARTH MRIDUL, J
APRIL 21, 2016
SD
