Irfan v. The State of NCT of Delhi & Anr

O R D E R %

19.11.2024

¶1The present petition is filed seeking quashing of FIR No. 441/2021 dated 31.08.2021, registered at Police Station Sangam Vihar, for offence under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 including all consequential proceedings arising therefrom. The said FIR was registered on a complaint filed by Respondent No. 2. The charge sheet has already been filed in the present case.

¶2It is averred that the marriage between the petitioner and Respondent No.2 was solemnized on 27.01.2012 as per Muslim rites and customs. Two children were born out of the said wedlock. It is alleged that thereafter, some family disputes arose between the petitioner and Respondent No. 2. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶3Subsequently, Respondent No.2 made a complaint against the petitioner at Police Station Sangam Vihar, however, no FIR was registered. Thereafter, Respondent No. 2 filed an application under Section 156(3) of the Code of Criminal Procedure, 1973 ('CrPC') seeking directions to the concerned police station for registration of the FIR against the petitioner. By order dated

26.08.2021, in Ct. Case No. 209/2021, the learned Trial Court allowed the application filed by Respondent No.2 under Section 156(3) of the Code of Criminal Procedure, 1973 ('CrPC') and directed SHO of Police Station Sangam Vihar to lodge an FIR. This resulted into registration of the present FIR.

¶4It is averred that the petitioner had sent four letters to Respondent No.2, out of which one was in Hindi. It is alleged that the petitioner had pronounced divorce (talaq) through the letter in Hindi, which is in the nature of instantaneous divorce.

¶5The learned counsel for the petitioner submits that the parties were referred to mediation and they have amicably resolved their disputes.

¶6The present petition is filed on the ground that the parties have settled all their disputes before the Mediation Centre, Saket Courts, New Delhi, on 30.11.2021, on their own free will, without any force, pressure or coercion. It is stated that the parties have started residing together and the petitioner has agreed to maintain Respondent No.2 and bear all her expenses.

¶7The parties are present before this Court in person and have been duly identified by the Investigating Officer.

¶8On being asked, the complainant / Respondent No. 2 states that she does not wish to pursue any proceedings arising out of the present FIR and has no objection if the same are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶9Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 is a compoundable at the instance of the woman on whom such a talaq is pronounced.

¶10This Court is of the opinion that no purpose would be served by relegating the parties to the learned Trial Court seeking compounding of the offence when the complainant is present in Court and has specifically stated that she does not wish to pursue any proceedings arising out of the present FIR.

¶11Keeping in view the nature of dispute and that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.

¶12In view of the above, FIR No. 441/2021 and all consequential proceedings arising therefrom are quashed.

¶13The present petition is allowed in the allowed in the aforesaid terms. Pending application(s) also stand disposed of. AMIT MAHAJAN, J NOVEMBER 19, 2024 KDK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9021/2024 & CRL.M.A. 34525/2024 IRFAN .....Petitioner Through: Ms. Nazma Akhtar, Adv. with Petitioner in person. versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Utkarsh APP for the State with SI Raghuraj Singh PS- Sangam Vihar, New Delhi. Mr. Vishal Manan, Adv. R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN