Full Text
HIGH COURT OF DELHI
Date of Decision: 23rd December, 2015
ABID & ORS ..... Petitioners
Through: Mr Sunil Kumar, Advocate.
Through: Mr Rajesh Mahajan, Addl. Standing Counsel (Crl.) with SI Yogesh Kumar, PS- Bhajanpura.
Ms Anju Sharma, Advocate for 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.343/2015 under Sections 406/498-A IPC registered at 2015:DHC:10525-DB 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:-
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, PS- Bhajanpura, 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