Delhi High Court - Orders
Masroor Ahmad vs The State (Govt Of Nct Of Delhi) & Anr on 19 January, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2927/2021
MASROOR AHMAD ..... Petitioner
Through: Mr. Irfan Ghayas, Advocate
versus
THE STATE (GOVT OF NCT OF DELHI) & ANR
..... Respondent
Through: Ms. Kusum Dhalla, APP for State
with IO/SI Ramdiya, P.S. Chandni
Mahal.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 19.01.2022 (THROUGH VIDEO CONFERENCING) CRL.M.A. 18463/2021 Exemption allowed subject to just exceptions.
The application stands disposed of.
CRL.M.C. 2927/2021 & CRL.M.A. 18462/2021
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") has been filed by the petitioner praying for quashing of FIR bearing No. 333/2020 registered at Police Station Chandni Mahal for offences punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and Section 506 of the Indian Penal Code, 1860 (hereinafter "IPC") and all consequent proceedings arising therefrom.
2. The petitioner is present before this Court (through VC) and has been Signature Not Verified Digitally Signed By:GAURAV SHARMA CRL.M.C. 2927/2021 Page 1 of 4 Signing Date:20.01.2022 16:53:23 identified by his counsel Mr. Irfan Ghayas, Advocate and the Investigating Officer SI Ramdiya, Police Station - Chandni Mahal, Delhi. Respondent No.2 is also present (through VC) and has been identified by the Investigating Officer.
3. The brief facts of the case are that the petitioner and respondent no.2 got married to each other on 24th October 2017 according to Muslim customs. However, due to some irreconcilable and temperamental differences between them, they started living separately. There is no child born out of their wedlock. Despite several efforts of reconciliation, both the parties could not settle their differences. As per the parties, there was a misunderstanding following which the Respondent no.2 lodged the aforesaid FIR against the petitioner on 15th December 2020.
4. Now, both the parties have reconciled and entered into settlement vide Settlement Deed dated 13th April 2021 which is annexed as Annexure B to the petition. The terms and conditions of the said settlement are mentioned in the settlement deed and signed by the parties. Three motions of Talaq have also been pronounced between the parties on different dates i.e. on 13th April 2021, 14th June 2021 and 14th August 2021.
5. It is submitted that the respondent No.2 has settled all her claims in respect of past, present and future maintenance and permanent alimony with petitioner for a sum of Rs. 2,60,000/- (Rupees Two Lakhs Sixty Thousand Only), out of which Rs.1,30,000/- (Rupees One Lakh Thirty Thousand Only) already stands paid, while the balance amount of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand Only) was agreed to be paid at the time of quashing of the FIR.
6. Today, the petitioner has handed over a Demand Draft bearing Signature Not Verified Digitally Signed By:GAURAV SHARMA CRL.M.C. 2927/2021 Page 2 of 4 Signing Date:20.01.2022 16:53:23 No.061654 for the balance amount of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand Only) dated 14th September 2021 in the name of respondent No.2 (Copy of the Demand Draft is enclosed as Annexure C). Respondent No.2 has verified the particulars of the Demand Draft to her satisfaction and stated them to be correct.
7. Ms. Kusum Dhalla, learned APP for the State submitted that there is no opposition to the prayer made by the petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.
8. Heard, learned counsel for the parties and perused the record.
9. The instant criminal proceedings are in respect of non-compoundable offences, which are private in nature and do not have a serious impact on the society especially when that there is a settlement/compromise between victim and accused.
10. In such cases, it is settled law that High Court is also required to consider the conduct and antecedents of the accused in order to ascertain that the settlement has been entered into by her own free will and the same has not been imposed upon her by the petitioner or any person related to him. In the present case, the complainant is present (through VC) in Court and has categorically stated that she has entered into the compromise and settled the entire disputes amicably with petitioner no.1 and his family members by her own free will without any pressure or coercion. There is also no allegation from respondent no.2 that the conduct and antecedents of petitioner have been bad towards her after the compromise. As per the settlement, the respondent No.2 has received the entire settled amount.
11. In the case of B.S. Joshi & Ors. v. State of Haryana & Ors 2003 (4) SCC 675, the Hon'ble Supreme Court has held that if for the purpose of Signature Not Verified Digitally Signed By:GAURAV SHARMA CRL.M.C. 2927/2021 Page 3 of 4 Signing Date:20.01.2022 16:53:23 securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of the power of quashing under Section 482 Cr.P.C.
12. Moreover, the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. v. Babita Raghuvanshi & Anr. (2013) 4 SCC 58, has held that criminal proceedings on FIR or complaint can be quashed under Section 482 Cr.P.C. in appropriate cases in order to meet ends of justice. Even in non- compoundable offences pertaining to the matrimonial disputes, if Court is satisfied that parties have settled the disputes amicably and without any pressure, then for the purpose of securing ends of justice, FIRs or complaints or subsequent criminal proceedings in respect of offences can be quashed.
13. In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire dispute without any pressure. On the query made by this Court, respondent no.2 has categorically stated that she has entered into compromise on her own free will, without any pressure and the dispute has been settled amicably.
14. In view of the settlement arrived at between the parties and the law laid down by the Hon'ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing No. 333/2020 registered at Police Station Chandni Mahal for offences punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and Section 506 of the IPC and all consequential proceedings emanating therefrom are quashed.
15. The petition and pending application stand disposed of.
CHANDRA DHARI SINGH, J JANUARY 19, 2022 Aj Signature Not Verified Digitally Signed By:GAURAV SHARMA CRL.M.C. 2927/2021 Page 4 of 4 Signing Date:20.01.2022 16:53:23