Full Text
#32 HIGH COURT OF DELHI
Date of Decision: 3rd February, 2016
MOHD VASIM & ORS ..... Petitioners
Through Mr. S.R. Gupta, Advocate along with petitioners
Through Mr. Avi Singh, ASC (Crl.) with Ms. Megha Bahl, Advocate
SI Sanjay Rana, P.S. Mahendra Park Mr.S.R. Gupta, Adv. for the complainant along with complainant/R-2
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. 564/2015 under Sections 406/498A/34 IPC registered at Police Station- Mahendra Park, 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 Muslim rites and customs on 31st October, 2012. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately 2016:DHC:890-DB since June, 2015. One girl child namely Aayesha @ Ikra has been born out of the said wedlock and the custody of the child is with respondent NO. 2/complainant (wife). On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner no. 1 (husband) and his family members.
3. Counsel for the parties state that with the intervention of respectable persons of the society, family members and common friends, the parties have amicably settled their outstanding matrimonial dispute which culminated into a Compromise Deed dated 14th December, 2015. The salient terms and conditions of the afore-stated settlement 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. 1.[5] lakhs towards all her claims against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement, the entire sum of Rs. 1.[5] lakhs has been paid to the respondent NO. 2/complainant (wife). 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 Talaknama in accordance with Muslim Personal Law has already been executed between the parties on 14th December,
2015.
7. Ms. Arshi, the respondent No.2/complainant (wife), who is present in Court and has been identified by the Investigating Officer i.e. SI Sanjay Rana, Police Station- Mahendra Park, 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 14th December, 2015 without any undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.
9. Resultantly, the FIR No. 564/2015 under Sections 406/498A/34 IPC registered at Police Station- Mahendra Park, Delhi and the proceedings arising therefrom, are hereby set aside and quashed qua all the petitioners subject to all the petitioners paying a sum of Rs. 5,000/- each to the complainant 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 said directions, the writ petition is allowed and disposed of accordingly.
11. Copy of this order be given dasti under signatures of the Court Master.
SIDDHARTH MRIDUL, J FEBRUARY 03, 2016 sd