NAZIR AHMED WANI Vs. STATE

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed that the proceedings against them pending in the Court of Shri R.C.Yaduvanshi, Metropolitan Magistrate. Delhi in pursuance of FIR No. 83/89, P.S.Chandni Mahal under Section 498A/406, Indian Penal Code be quashed.

(2.) Nazir, petitioner No.1, is the son of Gulam Rasool, petitioner No 2. They are residents of Srinagar, Kashmir Nazir contracted a marriage with Husnbano. respondent No. 2 on 20th of June 1987 according to Hanafi Mohammdan Law which unfortunately floundered. She left the matrimonial home in October 1987 and came to Delhi where a daughter was born to her on 5th of April 1988. Husnbano lodged an FIR. on 6th of April 1989 The Dowry Cell took up the investigation. Prosecution was instituted against the petitioners. The case is at an initial stage. The charge has yet to be framed.

(3.) During investigation, the petitioners moved the Sessions Judge for anticipatory bail. At that stage, with the intervention ot the Court the parties started negotiations for settlement. This is borne out from the copy of an order dated 18th of August 1989 passed by Shri S.L.Bhayana. Addl Sessions Judge, Delhi (Annexure 'H'). The effort was worth while It resulted in a settlment between the parties. The terms and conditions of the settlment were reduced to writing. A. series of documents were executed by Nazir and Husnbano on 19th of September 1990. They are : (1)a compromise deed, (21 a deed of divorce executed by Nazir, (3) a joint agreement between Nazir and Husnbano described as dissolution of marriage by mutual consent, (4) a banker's cheque in favour of Husnbano for Rs 60,000.00 , (5) a receipt signed by Husnbano, and (6) an affidavit of Husnbano (Annexures 'A, 'B, 'C. 'D, 'E and G respectively to the petition) A combined reading of these documents shows that a comprehensive compromise between the parlies was achieved They mutually agreed to divorce, to live separately, and to withdraw ail complaints and proceedings against each other including FIR No. 83/89. Husnbano agreed to accept a sum of Rs 60,000.00 in satisfaction of all her claims with regard to dower, iddat period amount, maintenance for sell and for the child etc. It was even agreed that Husnbano would retain custody of the child and Nazir would never claim the same in future. The banker's cheque was drawn in favour of Husnbano for the agreed amount of Rs. 60.000.00 . She executed a stamped receipt fur the same In addition to this, the petitioners have also produced a copy of a certificate from Punjab and Sind Bank dated 26th of September 1989 certifying the payment of Rs 60.000.00 <PG>6</PG> to Husnbano "through Stale Bank of India, Jamma Masjid, Delhi in clearing". Thus, it is Claimed by the petitioners that the matrimonial dispute between Nazir and Husnbano was fully settled.