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Mohd. Zakir @ Md. Jakir vs The State (Govt. Of Nct Of Delhi) & Anr on 22 October, 2020

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                                                       via Video-conferencing
$~7

*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(CRL) 1724/2020
        MOHD. ZAKIR @ MD. JAKIR                       ..... Petitioner
                       Through: Mr. Dilshad Ahmad Saifi, Advocate
                                  with petitioner-in-person.
                       versus
        THE STATE
        (GOVT. OF NCT OF DELHI) & ANR.                ..... Respondents
                       Through: Ms. Nandita Rao, ASC for the State
                                  along with I.O./S.I. Inder Pal.
                                  Mr. Hassibuddin, Advocate for R2.
                                  Ms. Sumayala/R2 in-person.
        CORAM:
        HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                       ORDER

% 22.10.2020 The petitioner, who is the ex-husband of respondent No. 2/ex- wife, seeks quashing of FIR No. 27/2019 dated 12.02.2019 registered under sections 354A/506/509 IPC at P.S. : Madhu Vihar, Delhi, based on Memorandum of Understanding (MoU) dated 12.10.2020, whereby the parties are stated to have resolved their inter-se disputes.

2. The petitioner has joined the video-conference hearing alongwith his counsel Mr. Dilshad Ahmad Saifi, who has identified him.

3. Ms. Nandita Rao, learned ASC appears on behalf of respondent No.1/State.

4. Ms. Sumayala/respondent No. 2 is also present along with her counsel Mr. Hassibuddin, who has identified her.

5. As recited in the MoU, the petitioner and respondent No. 2 accept that their nikah stands dissolved by talaq, in accordance with Muslim traditions and as permissible in law.

6. Ms. Nandita Rao, learned ASC appearing for the State submits that what is prohibited as per the judgment of the Hon'ble Supreme Court in Shayara Bano vs. Union of India & Ors. : (2017) 9 SCC 1 is talaq-e-biddat, namely instantaneous talaq; however, neither Shayara Bano (supra) nor the Muslim Women (Protection of Rights on Marriage) Act 2019 bans talaq-ul-sunnat or talaq-e-hasan, which is what the parties in this case have undergone; and accordingly, the State has no objection if the subject FIR is quashed.

7. The court has interacted with the parties, in particular with respondent No. 2/Ms. Sumayala, who confirms that as recorded in MoU dated 12.10.2020, respondent No. 2 has accepted the talaq pronounced by the petitioner on 05.07.2020, 05.08.2020 and 05.09.2020, thereby dissolving their marriage contracted by way of nikahnama dated 11.04.2017; that a total amount of Rs. 4,50,000/- (Rs. Four Lac and Fifty Thousand) stands paid by her to the petitioner as agreed, towards full and final settlement of litigation expenses incurred by the petitioner; and that respondent No. 2 has no objection to the quashing of the subject FIR. Respondent No. 2 has further confirmed that there is no child born from the wedlock and that nothing further remains pending between the parties. The petitioner also confirms that the restitution petition filed by him stands withdrawn on 13.10.2020.

8. A copy of MoU dated 12.10.2020 has been filed alongwith the petition.

9. The Investigating Officer of the case S.I. Inder Pal has also joined the video-conference hearing; has identified all parties; and confirms that the matter has been settled.

10. The petition is supported by the affidavits of the petitioner as also of respondent No. 2.

11. Proofs of ID of the parties, by way of copies of their Aadhaar cards have also been annexed with the petition.

12. Upon a conspectus of the foregoing circumstances, and the fact that no fruitful purpose would be served by proceeding with the investigation or prosecution of the matter, which would be an exercise in futility, this court sees no reason why the subject FIR and all proceedings emanating therefrom be not quashed.

13. Accordingly, in light of the decision of the Supreme Court in Gian Singh vs. State of Punjab & Anr. : (2012) 10 SCC 303 and in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, FIR No. 27/2019 dated 12.02.2019 registered under sections 354A/506/509 IPC at P.S. : Madhu Vihar, Delhi and all proceedings arising therefrom are hereby quashed.

14. The writ petition is disposed of in the above terms.

15. Pending applications, if any, also stand disposed of.

ANUP JAIRAM BHAMBHANI, J.

OCTOBER 22, 2020 j W.P. (Crl.) 1724/2020 Page 3 of 3