Mohd. Kashif Khan and Ors. v. The State Govt of NCT of Delhi and Anr.

Delhi High Court · 31 May 2023 · 2023:DHC:5446

Dinesh Kumar Sharma

CRL.M.C. 4143/2023

2023:DHC:5446

criminal petition_allowed Significant

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The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC in a matrimonial dispute based on an amicable settlement and dissolution of marriage by mutual consent.

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CRL.M.C. 4143/2023
HIGH COURT OF DELHI
CRL.M.C. 4143/2023
MOHD. KASHIF KHAN AND ORS. ..... Petitioners
Through: Mr. Firoz Iqbal Khan, Sajid A. Khan, Mr. Suaib Ahmed and Mohd. Shad, Advocates with petitioner No.1 in person.

VERSUS

THE STATE GOVT OF NCT OF DELHI AND ANR..... Respondents
Through: Mr. Digam Singh Dagar, APP for the State.
SI Ankur, P.S. Punjabi Bagh.
Mr. Harit Chhabra, Advocate for R-2.
Date of Decision: 31.05.2023

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

JUDGMENT

DINESH KUMAR SHARMA, J.

(Oral)

1. The present petition has been filed for quashing FIR no.223/2021 under section 498-A/406/34 IPC PS: Punjabi Bagh, Delhi.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 23.03.2015 in accordance with the Muslim/Nikha Rites and ceremonies in Delhi. However, it has been submitted that, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have decided to dissolve their marriage in accordance to Shariat law and to resolve their disputes amicably on 06.01.2023 before Sh. Raj Kumar Tripathi,Judge Family Court, Tis Hazari, Delhi. In furtherance thereof they have entered into a settlement agreement dated22.02.2023. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 2,20,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. It has been submitted that thereafter, the petitioner No. 1 has pronounced talaq/divorce/khula to the respondent No.2 on three different occassionsi.e. on20.12.2022, 20.01.2023 &20.02.2023 and the same have been accepted by the respondent No.2 in the presence of witnesses. It has been submitted that a separate divorce deed/Talaq-Ul-Khula has been executed between the petitioner No.1 and respondent No.2 on 22.02.2023.

5. The Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR no.223/2021 under section 498- A/406/34 IPC PS: Punjabi Bagh, Delhi and all the proceedings emanating therefrom.

6. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. She submits that the petitioner has already paid her asum of Rs.1,70,000/- on 22/02/2022 (Rs.1,50,000/- by way of D.D. No. 673028 and balance of Rs. 20,000/- by way cash) and a DD bearing no. 673042 dated 30.05.2023 in the name of Mehzabi Khan for sum of Rs. 50,000/- drawn on Bank of Baroda was given to her in court today.

7. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent deed dated22.02.2023, she has no objection if FIR no.223/2021 under section 498-A/406/34 IPC PS Punjabi Bagh, Delhi and all the proceedings emanating therefrom are quashed.

8. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:

“1. It is agreed between the parties the one child namely Master Mehran aged about 6 years from this wedlock, who is living with the mother. It is agreed amongst the parties that the custody will be with mother and the father will not have visitation rights. 2. It is further agreed between the parties that out of this said settled amount the husband (second party) paid today itself Rupees 1,70,000/- to the first party at the time of signed the present divorce deed( Rs. 1,50,000/- by way of D.D. No. 673028 dated 13/02/2023 and balance of Rs. 20,000/- by way cash).

3. It is further agreed between the parties that will be withdraw their respective cases and also which is pending in the family court as well as Mahila court and District court of Rampur.

4. That the first party already withdrawn her divorce petition from the family court on dated 06/01/2022.

5. It is further agreed between the parties that the second party shall pay balance amount of rupees 50,000/- to the first party at the time of quashing of FIR No. 223/2021 PS. Punjabi Bagh U/S:- 498A/406/34 IPC before the Hon’ble High court of Delhi and the first party shall also co-operate and signed all the necessary affidavit and do the needful in quashing of the said FIR.

6. That the parties to the deed have amicably settled the matter and they have decided to get separated from each other though they have got separated Since 2019.

7. That the second party has spoke the word as "TALAQ"on three different Occasions i.e. 20/12/2022 & 20/01/2023 & 20/02/2023 to the first party in presence of relatives and witnesses same was accepted by the first party.

8. That both the parties have agreed and undertook not to create any hindrance in the peaceful life.

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9. that the first party has not file any case against the second party as well as his family member for the maintenance as well as other provisions of law in the appropriate court of law.

10. That both the parties are entering into the present agreement with the second party with their free will and there is no coercion, undue influence or pressure on either of the party from any corner.

11. That the content of this deed had been read over and explained to both the parties their parents and witnesses also in their vernacular language and they have understood the same and have admitted the same to be correct.

12. That the parties hereby declare that they have obtained independent legal advice and they are executing this agreement with their' free will, without any force, pressure, coercion, inducement, compulsion, misrepresentation.”

9. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash noncompoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675;K. Srinivas Rao v. D.A.Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

10. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial. However, this settlement shall not adversely affect the right, title or interest of child namely Master Mehran.

11. In view of the above, FIR no.223/2021 under section 498-A/406/34 IPC PS: Punjabi Bagh, Delhi and all the other proceedings emanating therefrom are quashed.

12. The present petition along with all the pending applications stands disposed of.

DINESH KUMAR SHARMA, J MAY 31, 2023

Mohd. Kashif Khan and Ors. v. The State Govt of NCT of Delhi and Anr.

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