Full Text
Date of Decision: 12th February, 2016
SARFARAZ & ANR. ..... Petitioners
Through Mr. Arun Dhiman and Mr. Ayaz Khan, Advocates along with petitioners
Through Mr. Sanjay Lao, ASC (Crl.) with Mr. Siddharth Sindhu, Advocate
SI Mukesh Kumar, P.S. Civil Lines Mr. Mohd. Arif, Advocate for
Resp. no.2/complainant along with Complainant
SIDDHARTH MRIDUL, J (ORAL)
JUDGMENT
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. 371/2015 under Sections 406/498A/34 IPC registered at Police Station- Civil Lines, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner no. 1 (husband) and respondent No.2/complainant (wife) were married to each other according to 2016:DHC:1225-DB Muslim rites and customs on 18th October, 2013. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 22nd July, 2014. No child has been born out of the said wedlock. On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner no. 1 (husband) and his mother.
3. Counsel for the parties state that with the aid and assistance of Delhi Mediation Centre, Tis Hazari Courts, Delhi, the outstanding matrimonial dispute between the parties to the union has been settled amicably by way of a Compromise Deed dated 23rd December, 2015. The salient terms and conditions of the settlement as enshrined in the said Compromise Deed are as follows:-
4. In a nutshell, it has been agreed by and between the parties to the union that respondent no. 2 (wife) shall be paid a sum of Rs. 14 lakhs towards all her claims against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement between the parties to the union, the sum of Rs. 10 lakhs has already been received by respondent no.2 (wife). The balance sum of Rs. 4 lakh has been paid to respondent no. 2 (wife) today. The latter acknowledges receipt thereof.
6. Counsel for the parties also state that pursuant to the settlement arrived at between the parties to the union, a Talaqnama in accordance with Muslim Personal Law has already been executed between the parties on 5th February, 2016.
7. Ms. Najma Bano, the respondent No.2/complainant (wife), who is present in Court and has been identified by the Investigating Officer i.e. SI Mukesh Kumar, Police Station- Civil Lines, Delhi, 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 emanating therefrom.
8. 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 23rd December, 2015, without any undue influence, pressure or coercion; as the parties have obtained Talaqnama on 5th February, 2016; and the settlement between the parties is lawful, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.
9. Resultantly, the FIR No. 371/2015 under Sections 406/498A/34 IPC registered at Police Station- Civil Lines, 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 with the Victims’ Compensation Fund within a period of two weeks from today. A copy of the receipt thereof shall be provided to the Investigating Officer in the subject FIR.
10. With the above directions, the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J FEBRUARY 12, 2016 sd