Adeeb Warsi and Others vs State and Another

Hima Kohli, J.—The present petition is filed by the Petitioners under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying inter alia for quashing of FIR No. 196/2007 lodged by Respondent No. 2/complainant against her husband, Petitioner No. 1 and the members of his family, Petitioners No. 2 and 3 under Sections 498A/406/34 IPC, registered with Police Station, New Friends Colony, New Delhi.

Counsel for the Petitioners states that the marriage of Petitioner No. 1 and Respondent No. 2/complainant was solemnized on 27.12.2003 under the Muslim law. There is no issue born from out of the wedlock. It is submitted that the parties were hot compatible from day one. Though efforts were made by them to reconcile their differences, the same were not successful. As a result, on 23.01.2007, the marriage of Petitioner No. 1 and Respondent No. 2/complainant was finally dissolved as per Shariat Law. On 28.04.2007, the aforesaid FIR was lodged by Respondent No. 2/complainant against the Petitioners. It is stated that thereafter the Petitioners filed a suit for defamation against Respondent No. 2/complainant, which was pending before the learned ADJ. In the aforesaid proceedings, the parties were directed to explore the possibility of arriving at a negotiated settlement by approaching the Mediation Centre, Tis Hazari Courts. It is stated that finally, the parties have arrived at a settlement as recorded in the Settlement Agreement dated 16.11.2010 executed at the Mediation Centre, Tis Hazari Courts (Annexure P-7).

In terms of the settlement, the parties have agreed that the Petitioners shall pay a sum of Rs. 7 lacs to Respondent No. 2/complainant in full and final settlement of all her claims against them. Out of the aforesaid amount, a sum of Rs. 3.5 lacs is stated to have already been paid to Respondent No. 2/complainant. The balance sum of Rs. 3.5 lacs is handed over today in Court to Respondent No. 2/complainant through her counsel in the form of a bank draft bearing No. 049273 dated 18.12.2010 drawn on Bank of India, New Friends Colony Branch, New Delhi, drawn in her favour, which is duly accepted. Counsels for the parties state that the parties have withdrawn all the cases pending against each other, as mentioned in para 2 of the Settlement Agreement and only the present FIR is left, for which quashing is sought by way of the present petition.

Respondent No. 2/complainant is present in Court and is duly represented by her counsel. She states that after receiving the balance sum of Rs. 3.5 lacs, nothing further is due or payable by the Petitioners to her. She further states that the settlement has been arrived at with the Petitioners of her own free will and volition and without any undue influence or coercion from any quarter and that she has no objection to the FIR being quashed.

Learned APP for the State submits that after completion of the investigation, charge-sheet has been filed and the matter is pending trial. However, in view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.

This Court has heard counsels for the parties. In view of the submission made by Respondent No. 2/complainant and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising there from.

Accordingly, the prayer made in the petition is allowed. FIR No. 196/2007, lodged by Respondent No. 2/complainant with Police Station: New Friends Colony, New Delhi, and all proceedings arising there from are quashed. Any interim order passed in the aforesaid FIR against the Petitioners is set aside.

The petition is disposed of alongwith the pending application. File be consigned to the record room.