Petitioner challenged FIR under sections 498-A, 406, and 34 IPC. Court quashed FIR and proceedings after parties executed settlement agreement, wife withdrew complaint, and partial payment was made in court.
FIR No.495/2013 under sections 498-A/406/34 IPC and proceedings arising therefrom are set aside and quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
#33
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11.12.2015
W.P.(CRL) 2907/2015
MOHD FARMAN & ORS ..... Petitioner
Through: Mr. Farhat Qadeeri, Advocate
versus
THE STATE & ANR ..... Respondents Through: Mr. R.S. Kundu, ASC (Criminal) with Mr. Vishesh Wadhwa, Advocate and SI Vinay Kumar, PS- Khajuri Khas, Delhi
CORAM: HON’BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
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 (Cr.P.C.) seeking quashing of FIR No.495/2013, under Sections 498-A/406/34 IPC, registered at Police Station- Khajoori Khas, Delhi and the proceedings arising therefrom.
2. Mohd. Farman and Sonu, petitioner No.1 and respondent No.2 respectively were married according to Muslim rites and ceremonies on
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06.01.2013. No child was born out of the said wedlock. Owing to ideological and temperamental differences the parties to the marriage have been living separately since 02.03.2013. On a complaint filed by the respondent No.2 (wife) against her husband (petitioner No.1) and his family members, the subject FIR was registered.
3. Eventually better sense prevailed and the parties decided to settle all their matrimonial disputes with the assistance of Counselling Cell, North East District, Family Courts, Vishwas Nagar, Delhi. The settlement agreement dated 10.11.2015 is annexed to this petition as Annexure A-4. The salient terms and conditions of the said settlement agreement dated
10.11.2015 are as follows:-
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No.495/13, P.S. Khajoori Khas, U/s 498A IPC & 3/4 D.P. Act on or before 09.12.2015. The oral pronouncement of divorce will be given at the time of quashing by the respondent/husband to the petitioner/wife.
4. In a nutshell it has been agreed by and between the parties that Mohd.
Farman shall pay a sum of Rs.55,000/- to Sonu as full and final settlement against stridhan, dowry articles, present, past, future maintenance, mehar, iddat and permanent alimony. In pursuance to the aforesaid settlement, a sum of Rs.20,000/- has been handed over to the complainant in Court today who acknowledges receipt theeof.
5. Soni, respondent No.2/complainant along with her father Sabbir Ahmed, who are present in Court and have been duly identified by IO SI Vinay Kumar, Police Station- Khajuri Khas, Delhi 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 arising therefrom.
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6. In view of the foregoing, since the dispute which resulted in the registration of the subject FIR has already been resolved amicably by the parties without any undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.
7. Consequently, FIR No.495/2013, under Sections 498-A/406/34 IPC, registered at Police Station- Khajoori Khas, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua the petitioners.
8. The petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 11, 2015 dn
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2 issues framed by the court
Whether the FIR under sections 498-A, 406, and 34 IPC and consequent proceedings be quashed in light of the settlement agreement and withdrawal of complaint by the wife.
Whether the matrimonial dispute has been resolved amicably making pursuit of criminal proceedings unnecessary.
3 provisions across 3 enactments
Mohd Farman & Ors
The State
Sonu
Siddharth Mridul
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
