Delhi High Court
Mohd Jafar & Ors. vs The State & Anr. on 22 September, 2017
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1031/2017
MOHD JAFAR & ORS. ..... Petitioners
Through: Mr. Rohit Manan, Advocate and
Mr.Mohit Singhal, Advocate with petitioners in
person.
versus
THE STATE & ANR. ..... Respondents
Through: Mr. Sanjay Lao, ASC with SI Varun
Dalal, PS Gulabi Bagh, Delhi.
Mr. C.S. Mann, Advocate with Ms. Simran Kaur,
Advocate for R-2 along with respondent No.2 in
person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 22.09.2017
1. Status report has been filed.
2. Respondent no. 2 appears in person. She is being represented by her
counsel. She is duly identified by IO ASI Lakhan.
3. 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.19/2016, registered on 29.01.2016 against them
with Police Station Gulabi Bagh North District, Delhi, under Sections
498A/406/34 IPC on the complaint of respondent No.2.
4. The marriage of the petitioner no.1 with the respondent no. 2 was
solemnized on 05.04.2015 as per Muslim rites and customs.
However, out of this wedlock no child was born.
5. Petitioner No.2 is the father's brother of petitioner No.1. Petitioner
No.3 is the mother of petitioner No.1. Petitioners No.4, 5 and 6 are
the sisters of the petitioner No.1 and petitioner No.7 is the brother of
petitioner No.1.
6. After solemnization of their marriage, the petitioner no.1 and the
respondent no.2 resided together in the matrimonial home for about a
month. Due to some temperamental differences between the
petitioner no.1 and the respondent no.2, they could not reconcile with
each other. Resultantly, the respondent no.2 left the matrimonial
home on 15.06.2015 and started residing separately.
7. The respondent no.2 lodged a complaint with CAW Cell which
culminated into said FIR against the petitioners.
8. On 06.12.2016, both the parties had amicably resolved and settled all
their disputes through a settlement deed which was reduced in
writing. By this settlement, the petitioner no. 1 and the respondent no.
2 had decided to part company of each other. Both of them decided
that the respondent no.2 shall obtain the divorce from the petitioner
no.1 as per Muslim customs. The petitioner no. 1 had agreed to pay a
total sum of Rs.3,50,000/- to the respondent no. 2 in full and final
settlement of her all claims including the maintenance and cost of
dowry/stridhan articles.
9. The respondent no. 2 submits that she had voluntarily settled all her
disputes without any force or coercion. She submits that she had
received the entire settlement of Rs.3,50,000/- from the petitioner
no.1. She submits that divorce was granted to her by the petitioner
no.1 on 24.07.2017. Original talaqnama is placed on record. She
submits that she does not want to pursue the said FIR. She submits
that the said FIR may be quashed.
10. Learned ASC through IO submits that the charge sheet has so far not
been filed.
11. Both the parties submit that now nothing is due and recoverable by
them against each other. 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.19/2016, registered on 29.01.2016 against them with Police
Station Gulabi Bagh North Delhi, under Sections 498A/406/34 IPC
and proceedings arising out of the said FIR are hereby quashed.
12. The petition is disposed of accordingly.
13. DASTI.
VINOD GOEL, J.
SEPTEMBER 22, 2017
"shailendra"
