Delhi High Court
Mohammad Zaigham & Ors vs The State ( Govt Of Nct Delhi) & Anr on 15 January, 2016
#36
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 15.01.2016
W.P.(CRL) 126/2016
MOHAMMAD ZAIGHAM & ORS ..... Petitioners
Through: Mr. Shanif Ahmad and Mr. Shakeel
Ahmad, Advocates
versus
THE STATE ( GOVT OF NCT DELHI) & ANR ..... Respondents
Through: Ms. Nandita Rao, ASC (Criminal)
with Ms. Srilina Roy, Advocate and
SI Suraj Pal, PS- Keshav Puram for
R-1
R-2 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 (Cr.P.C.)
seeking quashing of FIR No.66/2014, under Sections 406/498A IPC,
registered at Police Station- Keshav Puram, Delhi and the proceedings
arising therefrom.
2. The facts in brief are that on 05.04.2012 Mohd. Zaigham (petitioner
No.1 herein) married Sarina Bano (respondent No.2/complainant herein)
according to Muslim customs and ceremonies in Delhi. No child was born
out of the said wedlock. Owing to ideological and temperamental
differences the parties to the marriage have been living separately since
31.12.2012. On a complaint filed by Sarina Bano against her husband,
Mohd. Zaigham and his family members, the subject FIR was registered.
3. Eventually better sense prevailed and the parties decided to settle all
their matrimonial disputes with the assistance of Delhi Mediation Centre,
Rohini Courts, Delhi. The settlement agreement dated 08.10.2015 is
annexed to this petition at Page No.84. The salient terms and conditions of
the said settlement agreement dated 08.10.2015 are as follows:-
"1) The respondent/husband Mohd.
Zaigham/respondent No.1 will give divorce to the
complainant/wife as per customs of Muslim Law
applicable to parties within 15 days from today.
2) It is settled that the respondent no.1/husband
shall pay a sum of Rs.20,00,000/- (Rupees Twenty
Lac only) in full and final settlement of all the
claims of the complainant/wife on account of
maintenance (past, present & future), permanent
alimony, along with iddat period istridhan,
jewellery, dowry articles, inheritance, properties
etc.
3) Apart from that the respondent no.1/husband
shall return the dowry articles as per admitted list
as Annexure 'A' to the complainant/wife on or
before 31.10.2015 before the ld. Referral Court
under proper receipt.
i) Rs.5,00,000/- (Rupees Five Lac Only)
shall be paid by the husband/respondent
no.1 to the wife/complainant on or before
31.10.2015 before the Ld. Referral Court.
The complainant shall withdraw the present
petition.
ii) Remaining amount of Rs.15,00,000/-
(Rupees Fifteen Lac Only) shall be paid by
the husband/respondent no.1 to the
wife/complainant at the time of quashing of
FIR No.66/14, U/s 498A/354B/34 IPC, PS
Keshav Puram and said joint petition would
be filed within three months from today and
the complainant shall co-operate the same.
4) It is settled that the complainant shall not
oppose to the bail application of the accused and
his family member and shall cooperate in quashing
petition by giving her statements/affidavit.
5) Complainant has already received the mehar
amount from the respondent Mohd. Zaigham.
6) After receipt of first installment, the
complainant shall withdraw the present case from
the Ld. Referral Court.
7) Once the settlement is taken to its logical
conclusion, there would remain no dispute
between the parties.
8) Whatever cost of litigation has been incurred
by any of the parties till date would be borne by
them.
9) It is undertaken by the respective parties that
in future, they will not interfere in the life of each
other.
10) If any of the parties has filed any
case/complaint/petition against the other party
(whether known to that party or not), it would be
treated as null and void on completion of this
settlement and it shall be the obligation of the said
party who has filed such complaint/case/petition to
withdraw the same on its own.
11) It is also agreed that none of the parties shall
file any case, petition or claim against each other,
in future towards this marriage.
12) It is also agreed that in case of default to
execute this settlement, the parties are at liberty to
pursue their cases against each other as per law.
The parties have settled their dispute voluntarily,
without any fear, force, coercion or undue
influence from any side. The parties shall be
bound by the terms of the present settlement and
that they shall cooperate with each other for the
execution of the same."
4. In a nutshell, it has been agreed by and between the parties that Mohd.
Zaigham shall pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) to
Sarina Bano towards full and final settlement of all her claims qua
maintenance (past, present and future), permanent alimony along with iddat
period, istridhan, jewellery, dowry articles, inheritance, properties etc. In
pursuance to the aforesaid settlement, a sum of Rs.5,00,000/- (Rupees Five
Lakhs Only) has already been received by Sarina Bano. The balance sum of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) has been brought to the Court in
the shape of three Demand Drafts bearing Nos.004235, 004215, 004216,
dated 01.01.2016, 14.12.2015 and 14.12.2015 respectively, in the sum of
Rs.10,00,000/- (Rupees Ten Lakhs Only), Rs.2,50,000/- (Rupees Two Lakhs
Fifty Thousand Only) and Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand
Only) respectively drawn on IDBI Bank, Transport Chauraha, Joya Road,
Amroha, U.P. in favour of Sarina Bano The same are handed over to the
Sarina Bano, the complainant herein in Court today, who acknowledges
receipt thereof subject to their realization.
5. Sarina Bano, respondent No.2/complainant, who is present in Court
and has been duly identified by IO Suraj Pal, Police Station- Keshav Puram,
Delhi 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 arising
therefrom.
6. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
7. Consequently, FIR No.66/2014, under Sections 406/498A IPC,
registered at Police Station- Keshav Puram, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners
subject to their depositing a sum of Rs.2,000/- (Rupees Two Thousand Only)
each with the Victims' Compensation Fund, Government of NCT of Delhi
within a period of two weeks from today. The receipt of the said deposit
shall be furnished to the concerned IO namely, SI Suraj Pal, Police Station-
Keshav Puram, Delhi.
8. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
JANUARY 15, 2016
dn
