Delhi High Court
Afzal Mirza & Ors vs The State Govt Of Nct Of Delhi & Anr on 15 September, 2017
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2098/2017
AFZAL MIRZA & ORS ..... Petitioners
Through: Mr. Sanjay Kumar Mishra, Advocate
along with petitioners in person.
versus
THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents
Through: Mr. Rajesh Mahajan, ASC for the State
with SI Saroj, P.S. Dwarka North, Delhi.
Mr. Yusuf, Advocate for R-2 along with
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 15.09.2017
1. Respondent No.2 appears in person. She is being represented by her
counsel. She is duly identified by IO SI Saroj.
2. The petitioners have invoked the writ jurisdiction of this court under
Article 226 of the Constitution of India read with Section 482 of the
Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of
the FIR bearing No.0340/2016, registered on 06.07.2016 against them
with Police Station Dwarka North, District South-West, Delhi under
Sections 498A/406 IPC on the complaint of respondent No.2.
3. The marriage of the petitioner No.1 with the respondent no. 2 was
solemnized on 09.03.2015 as per Muslim rites and customs. After the
solemnization of marriage, the couple started residing at the
matrimonial home. However, out of this wedlock no child was born.
4. Due to some temperamental differences between them, the petitioner
no. 1 and respondent no. 2 could not reconcile with each other. As
such, the respondent no.2 left the matrimonial home and started
residing with her parents.
5. The respondent no. 2 lodged a complaint in CAW Cell which
culminated into the said FIR. She had preferred a petition under
Section 12 of the Protection of Women from Domestic Violence Act,
2005 (in short 'DV Act') against the petitioners before the court of
learned MM, Mahila Courts, Dwarka Courts, Delhi. She also filed a
petition u/s 125 of Cr.P.C. for maintenance against the petitioner No.1
before the learned Principal Judge, Family Courts, Dwarka, Delhi.
6. On 15.11.2016 the parties had amicably resolved and settled all their
disputes. The petitioner no.1 had agreed to pay a total sum of
Rs.1,65,000/- to the respondent no. 2 in full and final settlement of all
her claims including permanent alimony, costs of dowry/stridhan
articles and mehar. The petitioner No.1 and respondent No.2 had
agreed to part company of each other by taking divorce as per muslim
law. The respondent no. 2 had also agreed to withdraw her both the
petitions. The respondent No.2 states that she had voluntarily resolved
all disputes with the petitioners without any coercion or force.
7. Pursuant to this settlement, the respondent no. 2 submits that she had
withdrawn her both respective petitions. She submits that she had
received Rs.50,000/- on 18.01.2017 and further a sum of Rs.50,000/-
on 18.04.2017 from the petitioner No.1 by Demand Draft.
8. Today, the petitioner No.1 has paid the balance settlement amount of
Rs.50,000/- vide Demand Draft No.713749 issued by State Bank of
India, Azadpur, Delhi, and Rs.15,000/- in cash, which has been
accepted by respondent No.2. The respondent no. 2 submits that she
has received the entire settlement amount from the petitioner No.1.
She submits that she does not want to pursue the said FIR. She
submits that the said FIR may be quashed.
9. Learned ASC through the IO submits that the charge sheet has so far
not been filed.
10. Since the parties have amicably settled all their disputes, no fruitful
purpose would be served in further pursuing the said FIR. Hence, to
secure ends of justice, the FIR bearing No.0340/2016, registered on
06.07.2016 with Police Station Dwarka North, District South-West,
Delhi, under Sections 498A/406 IPC and proceedings arising out of
the said FIR are hereby quashed.
11. The petition is disposed of accordingly.
12. DASTI.
VINOD GOEL, J.
SEPTEMBER 15, 2017
"sandeep"
