Delhi High Court
Javed Mirza & Ors. vs The State & Anr on 18 February, 2016
#11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18th February, 2016
+ W.P.(CRL) 443/2016 and Crl. MA No. 2385/2016 (Exemption)
JAVED MIRZA & ORS. ..... Petitioners
Through Mr. Sunil K. Kalra and Mr. Mohd.
Salim, Advs. along with petitioner
no.1
versus
THE STATE & ANR ..... Respondents
Through Mr. Sanjay Lao, ASC (Crl.)
SI Iftkar Ahmad, PS Jafrabad
Respondent no. 2/complainant in-person
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 2385/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(CRL) 443/2016
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. 506/2015 under Sections 406/498A/34 IPC registered at
Police Station- Jafrabad, 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 4th May, 2014. Owing to temperamental and
ideological differences between the parties to the marriage, they started
living separately since 6th August, 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 30th October, 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 both
complainant/wife and respondent/husband shall execute
talaqnama in the first week of January 2016.
2. It has been further agreed between the parties that the
respondent/husband shall pay Rs. 3,50,000/- (Rs. Three
Lacs Fifty Thousand only) + dowry articles as per list
annexed herewith as Mark A (except jewellery) to
complainant/wife as full and final settlement of all the
claims of the complainant such as maintenance (past,
present and future), mehar, permanent alimony etc.
3. It has been further agreed between the parties that the
above said settled amount of Rs. 3,50,000/- shall be paid
by the respondent/husband to the complainant/wife by way
of cash/DD in the court concerned as per the following
schedule:-
(i) Rs. 1,50,000/- shall be paid on 1.12.2015 and
on the same day, the complainant shall withdraw
her above mentioned case u/s 125 Cr.P.C. from the
concerned Court.
(ii) Rs. 2,00,000/- (Rs. Two Lacs only) shall be
paid at the time of quashing of the abovesaid FIR
bearing no. 506/2015 before the Hon'ble High
Court of Delhi and the said quashing petition shall
be filed by the respondent/husband in the last week
of January 2016. It is further agreed that the
complainant shall cooperate with the respondents
in getting the abovesaid FIR quashed.
4. It has been further agreed between the parties that the
articles as per list Mark A shall be returned by the
respondent/husband to the complainant on or before
16.11.2015 in the presence of the IO.
5. It has been further agreed between the parties that the
respondent/husband shall return a Yamaha bike bearing No.
DL-3S-3319 and an Usha Sewing Machine to the
complainant/wife on 16.11.2015.
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. At this stage, learned counsel appearing on behalf of the parties invites
my attention to the order dated 21st December, 2015 passed by the ASJ,
Shahdara District, Karkardooma Courts, Delhi whereby petitioner no. 1 was
directed to pay an additional amount of Rs. 15,000/- to the respondent no.
2/complainant (wife) in lieu of the remaining five articles of stridhan, which
were not returned by the petitioners as per the afore-mentioned list Mark A.
5. 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. 3.65 lakhs towards all
her claims against the petitioners.
6. Counsel for the parties further state that pursuant to the said settlement
between the parties to the union, the sum of Rs. 1.50 lakhs has already been
received by respondent no.2 (wife). The balance sum of Rs. 2,15,000/- has
been brought to the Court in the shape of a demand draft bearing No. 010167
dated 19th January, 2016 drawn on IDBI Bank, Delhi in favour of respondent
no. 2(wife) herein. The latter acknowledges receipt thereof subject to its
encashment.
7. Counsel for the parties also state that pursuant to the settlement
arrived at between the parties to the union, a Talaqnama in accordance with
Muslim Personal Law has already been executed between the parties on 27th
January, 2016.
8. Ms. Fehmida, the respondent No.2/complainant (wife), who is present
in Court and has been identified by the Investigating Officer i.e. SI Iftkar
Ahmad, Police Station- Jafrabad, 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.
9. 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 ASJ, Shahdara District, Karkardooma Courts, Delhi by
order dated 30th October, 2015, without any undue influence, pressure or
coercion; as the parties have obtained Talaqnama on 27th January, 2016; 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.
10. Resultantly, the FIR No. 506/2015 under Sections 406/498A/34 IPC
registered at Police Station- Jafrabad, 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 with the Delhi High Court Legal
Services Committee within a period of two weeks from today. A copy of the
receipt thereof shall be provided to the Investigating Officer in the subject
FIR.
11. 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 125 Cr.P.C.
pending in the Court of Sh. B.R. Kedia, Principal Judge, Family Courts,
Karkardooma Courts, Delhi, in addition to the disposal of the present writ
petition.
12. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 18, 2016
sd
