Delhi High Court
Mohd Azam & Ors vs The State & Anr on 13 May, 2016
#47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 13th May, 2016
+ Writ Petition (Crl.) 1420/2016
MOHD AZAM & ORS ..... Petitioners
Through Mr. Pankaj Kumar, Advocate along with
petitioners
versus
THE STATE & ANR ..... Respondents
Through Mr. Rajesh Mahajan, ASC (Crl.) with
Ms. Parul Jamwal, Advocate
SI Rakesh Kumar, PS Jafrabad
Respondent no. 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 seeking
quashing of FIR No. 625/2014 under Sections 406/498A/506/323/34 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 17th October, 2009. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since April, 2012. 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 and the
factum of settlement has been recorded in the order dated 3rd July, 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 they shall take
divorce by way of mutual consent.
2. It has been further agreed between the parties that the
applicant/respondent/husband Sh. Mohd. Ajam shall pay a
total sum of Rs. 1,50,000/- (Rupees one lac and fifty thousand
only) to the complainant/wife Ms. Najreen towards full and
final settlement of all her claims arising out of their marriage
which includes maintenance (present, past and future),
permanent alimony, dowry articles, stridhan, iddat and mehar
etc.
3. It is agreed that the respondent/husband Sh. Mohd. Ajam
shall pay an amount of Rs. 50,000/- (Rupees fifty thousand
only) in cash to the complainant/wife Ms. Najreen before the
court of Ms. Harleen Singh, Ld. MM, Delhi at the time of
withdrawal of complaint under DV Act and the remaining
amount of Rs. 1,00,000/- shall be paid by the
respondent/husband to the complainant/wife at the time of
quashing of FIR bearing No. 625/14, PS Jafrabad u/s
498A/406/506/323/34 IPC. The complainant/wife undertakes
to cooperate with respondent/husband and his family members
in quashing of this FIR. The quashing petition shall be filed
by the respondent/husband and his family members on or
before 30/10/2015 before the Hon'ble High Court of Delhi.
4. It is agreed that apart from the settled amount of Rs.
1,50,000/-, the respondent/husband shall also return certain
articles i.e. (a) one pair of gold kada (b) one gold necklace (c)
one gold ring (d) one gold chain (e) one sofa set (f) one table
(g) one TV (h) one TV showcase (i) one almirah (j) one gas
cylinder & (k) one gas stove. The jewellery articles as
mentioned above shall be returned on 07/07/2015 before the
Hon'ble Referral Court at the time of hearing bail application
and the remaining articles shall be returned on or before
05/07/2015 against proper receipt.
5. It is agreed that the respondent/husband shall pronounce
talaq thrice to the complainant/wife on or before 07/07/2015."
4. In a nutshell, it is agreed by and between the parties to the union that
respondent no. 2/complainant (wife) shall be paid a total sum of Rs. 1.5 lakh
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 entire sum of Rs. 1.5 lakh has already been
received by respondent no.2/complainant (wife). 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/complainant (wife) on 9th May, 2016.
7. Ms. Najreen, the respondent No.2/complainant (wife), who is present in
Court and has been identified by the Investigating Officer in the subject FIR
namely SI Rakesh Kumar, 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.
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
3rd July, 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. 625/2014 under Sections 406/498A/506/323/34
IPC registered at Police Station- Jafrabad, 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 under
Section 12 of the DV Act, 2005 as well as petition under Section 125 Cr.P.C.
filed by the respondent no.2/complainant (wife), in addition to the disposal of
the present writ petition.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 13, 2016/sd
