Abid & ORS v. State (NCT Of Delhi) & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd December, 2015 W.P.(CRL) 3104/2015 & CRL.M.A. 18985/2015 ABID & ORS ..... Petitioners Through:

Mr Sunil Kumar, Advocate.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr Rajesh Mahajan, Addl. Standing Counsel (Crl.) with SI Yogesh Kumar, PS- Bhajanpura.

Ms Anju Sharma, Advocate for complainant.

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.343/2015 under Sections 406/498-A IPC registered at

Police Station-Bhajan Pura, North-East Delhi and the proceedings arising therefrom.

2.

Abid and Parveen, petitioner No.1 and respondent No.2 respectively were married according to Muslim rites and ceremonies on 04.04.2012. One female child, namely, Iqra has been born out of the said wedlock. Iqra is now aged about three years old and is in the care and custody of the respondent No.2. Owing to ideological and temperamental differences, the subject FIR was registered on a complaint filed on behalf of the respondent No.2-wife against the petitioner No.1-husband and his family members, who are the other petitioners in the present writ petition. 3.

Counsel for the parties state that with the intervention of the elders in the family and friends, the parties to the union have arrived at an amicable resolution of their matrimonial dispute which culminated into a Compromise Deed dated 21.11.2015. The salient terms and conditions of the said Compromise Deed dated 21.11.2015 are as under:- "1.

That both the parties are Muslims by religion and they had got married on 4/4/2012 in Delhi as per Muslims rites and Ceremonies. And out of this wedlock one female child name Iqra was born.

2.

That due to temperamental differences, both the parties have been residing separately at their houses since June 2012 and since then there has been no marital relation between them.

3.

That as a result of all these circumstances, both the parties have decided to stay and live separately with mutual consent. And they have dissolved the marriage with mutual consent and with their own wish and without and force. After this divorce/dissolution of marriage, there will be no relations between both parties and divorce will come into force from the date of execution of this compromise deed.

4.

That the second party shall not claim any kind of maintenance from first party after today.

The amount of Mehar and Iddat and Maintenance (Present, past and future) has been settled at Rs.5,00,000/- which the first party shall pay to second party and the second party has received all dowry articles, Stridhan, jewelry etc. from the first party.

5.

That the first party has given a bank draft to the amount of Rs.1,50,000/- to the second party before the Hon'ble Court on 21/11/15 and in the spirit of compromise deed, the

second party has withdrawn the case U/s 12 Domestic violence against the women Act.

6.

That the second party shall withdraw the case U/s 125 Cr.P.C. before the Hon'ble Court on 11/12/15 on which it is pending for hearing.

And First party shall pay Rs.1,50,000/- to second party before the Hon'ble High Court of Delhi at the time of Quashing of F.I.R. vide no.343/15 U/s 498-A/406/34 I.P.C. registered at P.S. BhajanPura. And the first party will pay the remaining amount of Rs.2,002000/- to the second party in the form of F.D.R. in the name of Baby Iqra on 23/11/2015.

7.

That the baby Iqra shall remain in custody of second party and second party shall not claim any maintenance in future regarding her.

8.

That the first party shall divorce second party on 21/11/2015 at the time of Hon'ble Court.

9.

That the first party has dissolved the marriage without any pressure and force before the following witnesses by pronouncing that Praveen Naj I divorce you, Praveen Naj I divorce you and the second party has accepted the divorce without any pressure.

10.

That second party has accepted this divorce before the following witnesses and both the parties have put their signatures on this deed of divorce.

11.

That both the parties are free and no relation between them exist now and both the parties can get another marriage as per their own wish. 12.

That the first party and second party shall not file any complaint or case against each other or their family members in future in any Court, Police Station etc. And they shall withdraw the suit, case or dispute, if any, is pending in any Court."

4.

Counsel for the parties state that pursuant to the aforesaid Compromise Deed dated 21.11.2015, a sum of Rs.3 lac has already been received by respondent No.2 (wife). The balance sum of Rs.2 lac has been brought to the court in the shape of a Bankers Cheque dated 21.12.2015 bearing No.309533 drawn on Bank of India, Asaf Ali Raod, Delhi, in favour of respondent No.2(wife). The respondent No.2 (wife) acknowledges receipt thereof subject to its encashment.

5.

The respondent No.2-complainant, who is present in Court and has been identified by the IO in the subject FIR, namely, SI Yogesh Kumar, PSBhajanpura, 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 arising therefrom.

6.

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 Compromise Deed dated 21.11.2015 without any undue influence, pressure or coercion; and since the agreement between the parties is lawful, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.

7.

Resultantly, the FIR No.343/2015 under Sections 406/498-A IPC registered at Police Station-Bhajan Pura, North-East Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to their depositing a sum of Rs.5,000/- each in the A/c No.6389223840, Indian Bank, Yamuna Vihar (2763) in the name of Iqra M/G Parveen Jahan, within a period of two weeks from today. A copy of the receipt thereof shall be provided to the IO in the subject FIR.

8.

With the above directions the writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J DECEMBER 23, 2015 mk