Mohammad Rizwan & ORS. v. State Of NCT Of Delhi & ANR.

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 368/2025 MOHAMMAD RIZWAN & ORS.

.....Petitioners Through:

Petitioners with their counsel Mr.Arjun Malik, Adv.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Sunder Singh, P.S.

Nangloi.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 27.02.2025 CRL.M.A. 1790/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 368/2025 3.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter „BNSS‟) has been filed on behalf of the petitioners, seeking quashing of FIR bearing no. 803/2019 registered at Police Station Nangloi, Delhi for the offences punishable under Section 406/498-A/34 of Indian Penal Code, 1860 (hereafter „IPC‟). 4.

Briefly stated, the facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 26.03.2018 and a male child Raza was born out of the said wedlock. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Thereafter, due to some temperamental differences, disputes arose between the parties and respondent no. 2 started living separately. Subsequently, the matter has been amicably settled between the parties and the terms of settlement have been recorded in the Divorce Deed dated 17.08.2023. 5.

The petitioners are present before this Court and have been identified by their counsel and Investigating Officer SI Sunder Singh (IO) from Police Station Nangloi, Delhi.

6.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties and their separate statements to this effect have been recorded by the learned Joint Registrar (Judicial) on 13.02.2025.

7.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 8.

Today, the complainant who is present in Court states that she has received all amounts due to her and has no objection if the present FIR is quashed.

9.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

10.

Considering that the separate statement of the parties, as per the terms and conditions of the Divorce Deed dated 17.08.2023 recorded before the learned Joint Registrar (judicial) on 13.02.2025, the FIR no. 803/2019 registered at Police Station Nangloi, Delhi for the offences punishable under Section 406/498-A/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

11.

The present petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 27, 2025/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.