Delhi High Court
Tipu Sultan Saifi & Ors. vs State & Anr on 16 February, 2016
Author: Siddharth Mridul
#24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16th February, 2016
+ W.P.(CRL) 507/2016
TIPU SULTAN SAIFI & ORS. ..... Petitioners
Through Mr. M.S. Khan, Mr. Alim Miraj and
Mr. T. Ali Khan, Advocates along
with petitioners
versus
STATE & ANR ..... Respondents
Through Ms. Richa Kapoor, ASC (Crl.) with
Ms. Mallika Parmar, Advocate
SI Shabbir Ali, P.S. Sangam Vihar
Resp. no.2/complainant in-person
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. 399/2014 under Sections 406/498A/34 IPC registered at
Police Station- Sangam Vihar, 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 15th November, 2011. Owing to temperamental
and ideological differences between the parties to the marriage, they started
living separately since 2012. One child namely Master Ashad has been born
out of the said wedlock and is presently in the custody of respondent
no.2/complainant (wife). 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
Mediation Centre, Saket Courts, New Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably by way of
a Settlement Agreement dated 26th August, 2015. The salient terms and
conditions of the settlement as enshrined in the said Settlement Agreement
are as follows:-
"1. The second party Tipu Sultan Saifi has pronounced
'Talak' to the first party Smt. Yasmeen as per Muslim law
and rites which has been accepted by the first party.
2. It is agreed between the parties that they have fully and
finally settled all their claims towards istridhan, Mehar and
maintenance- past, present and future, as well as towards
any other articles and/or issue and/or disputes concerning
the wedlock of the parties and also for the above-named
minor son of the parties, for a total sum of Rs. 3,75,000/-
(Rupees Three Lac Seventy Five Thousand only).
3. It is also agreed between the parties that the settled
amount of Rs. 3,75,000/- will be paid by the second party
to the first party in total six (6) installments by way of
cash/DD at different stages, in the following manner:
(a) First installment of Rs. 50,000/- (Rupees Fifty
Thousand only) will be paid on 11.9.2015 before
the court of Ms. Poonam A. Bamba, learned
Judge, Family Court, Saket at the time of making
statement by the first party for withdrawal of the
petition under Section 125 Cr.P.C. and the
execution petition.
(b) Second installment of Rs. 50,000/- (Rupees Fifty
Thousand only) will be paid before the learned
referral court of Ms. Ankita Lal, learned MM,
Saket Court, at the time of making statement by
the first party for withdrawal of the present
petition under DV Act on 8.10.2015.
(c) Thereafter, one installmentof Rs. (Rupees Fifty
Thousand only) and two installments of Rs.
75,000/- (Rupees seventy five thousand only)
each will be paid on 10.11.2015; 10.12.2015 and
on 10.1.2016 at the house of the first party against
acknowledgment.
4. It is also agreed between the parties that the last
installment of Rs. 75,000/- (Rupees seventy five
thousand only) will be paid by the second party to the
first party at the time of making statements by the
parties before the Hon'ble High Court of Delhi for
quashing of the proceedings arising out of case FIR No.
399/2014, PS Sangam Vihar, under Section
498A/406/34 IPC and that the petition for quashing of
the said FIR will be filed by the second party by or
before 10.2.2016.
5. It is also agreed between the parties that the
expenses for drafting and filing the petition for quashing
of the FIR will be borne exclusively by the second party,
however, the first party shall cooperate at all stages to
the second party, including that of drafting and signing
of the quashing petition and making statements before
Hon'ble High Court of Delhi.
6. It is also agreed that henceforth, the above named
minor son of the parties shall remain in the care and
custody of his mother (the first party herein) and that the
second party shall have no visitation rights over the said
minor son and that he will also not claim the custody of
the minor son in future in any circumstance. It is also
agreed that henceforth, the education expenses and all
other day to day expenses of the minor child will be
borne by the first party for which nothing will be
claimed from the second party.
7. It is also agreed between the parties that
henceforth, they will not file any claim against each
other or their family members with regard to their
marriage solemnized on 15.11.2011."
4. In a nutshell, it has been agreed by and between the parties to the
union that respondent no. 2 (wife) shall be paid a sum of Rs. 3.75 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, a sum of Rs. 2.25 lakhs has already been
received by respondent no.2 (wife). The balance sum of Rs. 1.50 lakhs has
been paid to respondent no. 2 (wife) today. The latter acknowledges receipt
thereof.
6. Counsel for the parties also state that a Talaqnama in accordance with
Muslim Personal Law has already been executed between the parties which
has been formalized under the terms of the Settlement Agreement dated 26 th
August, 2015.
7. Ms. Yasmeen, the respondent No.2/complainant (wife), who is present
in Court and has been identified by the Investigating Officer i.e. SI Shabbir
Ali, Police Station- Sangam Vihar, Delhi, 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 Agreement dated 26th August, 2015, without any undue influence,
pressure or coercion; as the parties have obtained Talaqnama; 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. 399/2014 under Sections 406/498A/34 IPC
registered at Police Station- Sangam Vihar, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners
subject to each one of them paying a sum of Rs. 5,000/- each (Rs. 35,000/- in
aggregate) to Ms. Yasmeen, the respondent no. 2/ complainant (wife) within
a period of eight weeks from today to enure to the benefit of her minor son-
Ashad. A copy of the receipt thereof shall be provided to the Investigating
Officer in the subject FIR.
10. The respondent no. 2/complainant (wife) undertakes to deposit the
aforesaid amount of Rs. 35,000/- in a joint bank account to be opened in the
name of the complainant and her minor son- Ashad and operated by the
complainant as guardian of the minor. The undertaking given by the
respondent no. 2 is hereby accepted.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
12. Copy of this order be given dasti under signature of the Court Master.
SIDDHARTH MRIDUL, J
FEBRUARY 16, 2016
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