GHAUSUL AZAM Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By filing this Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.), the Petitioner No.1 and the Petitioner No.2, being husband and wife, seek quashing of the FIR filed by the Petitioner No.2 against the Petitioner No.1, registered at the Sadar Police Station, Gangtok, as FIR No.76/2019 (sic, FIR No.78/2019) under Section 498A, 342 and 232 of the Indian Penal Code, 1860 (for short IPC), and as G.R. Case No.382 of 2019 (sic, G. R. Case No.282 of 2019), pending in the Court of the Learned Chief Judicial Magistrate, East Sikkim, at Gangtok.

(2.) Briefly narrated, the Petitioners' case is that, they were married on 12-12-2012 in Bihar according to Muslim rites and ceremonies and from the wedlock they have one daughter, now aged about 6/7 years. As the Petitioners were incompatible they started drifting apart which consequently led to an irretrievable breakdown of their marriage and since August 2018 they have been living separately. The Petitioner No.2 lodged a written Complaint before the Sadar Police Station, Gangtok, East Sikkim, on 16-06- 2019, informing therein that the Petitioner No.1 after their marriage initially treated her well, however after six months he started verbally abusing her. She accompanied him to Mumbai after the marriage where she was physically assaulted on several occasions and restrained from contacting her guardians besides being confined inside her room. Following these incidents she returned home to Sikkim along with her daughter. Later, her husband repented and apologized to her, pursuant to which, on the intervention of well-wishers the Petitioner No.2 returned to Mumbai with the Petitioner No.1, who, however, repeated his verbal and physical assaults on her. Her complaint was duly registered, investigation taken up and a prima facie case made out against the Petitioner No.1 under Sections 498A, 342 and 323 of the IPC and Charge-sheet was submitted against him in the Court of the Learned Chief Judicial Magistrate, which came to be registered as G. R. Case No.282 of 2019 (State of Sikkim v. Ghausul Azam @ Guddu). The matter is presently pending at the stage of hearing on consideration of the Charge and fixed on 15-10-2020. During the pendency of the matter, the Petitioner No.1 and the Petitioner No.2 again on the intervention of their relatives and the Muslim Community in Gangtok have mutually settled the matter, agreeing to dissolve the marriage with no claims against each other except the conditions agreed to between themselves in terms of a Compromise deed executed by them in the presence of witnesses.

(3.) Learned Counsel for the Petitioners contended that both the Petitioners have agreed that the Petitioner No.1 will pay a total sum of Rs.1,00,000/- (Rupees one lakh) only, towards full and final settlement of all past, present and future claims in lieu of maintenance and this would include all claims of permanent alimony. That, it was also agreed between them that this amount will be paid by the Petitioner No.1 to the Petitioner No.2 on the disposal of the case pending before the Court of the Learned Chief Judicial Magistrate. That, the Petitioner No.2 has no grievances against the Petitioner No.1 and should this Court not exercise its discretion under Section 482 of the Cr.P.C., the trial before the Learned Court of the Chief Judicial Magistrate will be an exercise in futility as no evidence would be forthcoming against the Petitioner No.1. It was next advanced that the Compromise Deed (Annexure P3) was duly executed between the parties in the presence of the witnesses and have been signed by both the Petitioners of their own free-will sans coercion. That it may be considered that the dispute pertains to one between a husband and a wife and as they now bear no ill will towards each other, the FIR and the G.R. Case supra may be quashed.