Delhi High Court
Mohammad Rizwan vs State Of Nct Of Delhi & Anr. on 27 February, 2025
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.02.2025
+ CRL.M.C. 367/2025
MOHAMMAD RIZWAN ..... Petitioner
Through: Mr.Arjun Malik, Advocate with
petitioner in person.
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Vishal Tiwari, P.S. Special Cell
and SI Sandeep Kumar, P.S. Prem
Nagar.
Respondent No.2 through VC.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
Exemption allowed, subject to just exceptions.
Application stands disposed of.
1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 ('BNSS') has been preferred on behalf of the petitioner for quashing of
FIR No. 0420/2019, under Section 4 of the Muslim Women (Protection of
Rights on Marriage) Act, 2019 registered at P.S.: Prem Nagar.
2. In brief, as per the case of the petitioner, marriage between petitioner
and respondent No. 2 was solemnized according to Muslims rites and
ceremonies on 26.03.2018. A male child was born out of the wedlock and is
presently in custody of respondent No. 2. Due to matrimonial differences,
petitioner and respondent No.2 started living separately. On complaint of
respondent No.2, present FIR was registered on 10.08.2019, since she
alleged that triple talaq was pronounced by the petitioner on phone, which is
prohibited under law.
3. Learned counsel for the petitioner submits that all the disputes have
been amicably settled between the parties in terms of Compromise Deed
dated 17.08.2023. A detailed verification report in this regard has been
submitted by the Joint Registrar (Judicial) in terms of order dated
13.02.2025. He further submits that quashing of the proceedings in terms of
the aforesaid compromise deed arrived at between the parties shall enable
them to move forward in life, since respondent No.2 has remarried.
Learned counsel for the petitioner also informs that proceedings
relating to FIR No.803/2019, under Sections 498A/406/34 IPC registered at
P.S. Nangloi have been quashed by a Co-ordinate Bench of this Court vide
order dated 27.02.2025 in CRL.M.C. 368/2025.
4. Petitioner, who is present in person, also submits that necessary
statement shall be made before the concerned Court in CRL.M.C. 442/2025,
for the purpose of quashing of FIR No.34/2019, under Sections
323/341/506/34 IPC registered at P.S. Mangolpuri.
5. Learned APP for the State submits that in view of amicable settlement
between the parties, she has no objection in case the FIR in question is
quashed.
6. Petitioner in person and respondent No. 2, through VC have been
identified by SI Vishal Tiwari, P.S.: Special Cell. I have interacted with the
parties and they confirm that the matter has been amicably settled between
them without any threat, pressure or coercion. Respondent No. 2 also states
that nothing remains to be further adjudicated upon between the parties and
she has no objection in case the FIR in question is quashed.
7. Considering the facts and circumstances, since the matter has been
amicably settled between the parties, no useful purpose shall be served by
keeping the case pending. It would be nothing but an abuse of the process of
Court. The chances of conviction are bleak in view of amicable settlement
between the parties. Consequently, FIR No.0420/2019, under Section 4 of
The Muslim Women (Protection of Rights on Marriage) Act, 2019 registered
at P.S.: Prem Nagar and the proceedings emanating therefrom stand quashed.
8. In the facts and circumstances, instead of imposing the costs upon the
petitioner, he is directed to plant 20 saplings of Neem / Jamun trees, which
are upto 03 feet in height in the area of P.S.: Prem Nagar after getting in
touch with the competent authority (i.e. Horticulture Department of MCD /
DDA/ Conservator of Forests, Department of Forests & Wildlife, Govt. of
NCT of Delhi) through IO / SHO, P.S.: Prem Nagar. The photographs of
planted saplings alongwith report of IO / SHO concerned shall be forwarded
to this Court within eight weeks. Further, the upkeep of the saplings / trees
shall be undertaken by the authorities concerned. In case of non compliance
of directions for planting of trees, the petitioner shall be liable to deposit cost
of Rs. 20,000/- with the Delhi State Legal Services Authority.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
A copy of this order be forwarded to learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 27, 2025/v
