Mohd. Danish & Ors. v. The State (Govt of NCT of Delhi) & Anr

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 (hereinafter referred to as ‘the Code’) praying for a direction to quash FIR No.753/2014 2015:DHC:8447-DB under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station- Welcome Colony, Delhi, and the proceedings arising therefrom.

2. The facts as are relevant for the purposes of the present petition are that the respondent No.2/complainant was married to petitioner No.1 as per Muslim rites and customs on 12.10.2008. The parties to the marriage have two children, namely, Arman and Arhan who were born on 12.01.2010 and 31.07.2011 respectively. Arman and Arhan are in the custody of the respondent No.2/ complainant and the petitioner No.1 has agreed that he shall have no visitation rights. The petitioner No.1 has further agreed that he shall not claim the custody of the said children at any stage. Owing to ideological and temperamental differences the parties to the marriage have been living separately since 09.05.2013. On a complaint filed by the respondent No.2, the subject FIR was registered against the petitioner No.1 and his family members. With the intervention of the Delhi Mediation Centre, Karkardooma Courts, Delhi, the parties have arrived at an amicable resolution of all their matrimonial disputes. The agreement arrived at between the parties before the Delhi Mediation Centre, Karkardooma Courts, Delhi, reveals the terms and conditions of the said settlement. They are as follows:

3. In a nutshell it has been agreed by and between the parties that the petitioner No.1 shall pay, in aggregate, a sum of Rs.3,00,000/- to the respondent No.2 towards all the latter’s claim including maintenance towards past, present and future. A sum of Rs.2,50,000/- has already been received by the respondent No.2. The balance amount of Rs.50,000/- has been paid to the respondent in cash in court today. The respondent No.2 acknowledges receipt of the said sum. The respondent No.2, who is present in person and has been identified by the IO in the subject FIR, SI Khem Chand, states that in view of the settlement arrived at between the parties, she is no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.

4. Since the dispute between the parties, which arose out of a marital discord, has been settled amicably without any undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.