Mohd. Kamar & ORS. v. State NCT Of Delhi & ANR.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1393/2026 MOHD. KAMAR & ORS.

.....Petitioners Through:

Mr. Sunil Kumar, Advocate with petitioners in person versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for the State with SI Vikram Singh and SI Rajender Singh, P.S. Welcome Mr. Yogesh Gaur, Ms. Seema Saini and Ms. Deepti Verma, Advocates for Respondent no. 2 alongwith R-2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 19.02.2026 1.

By way of the present petition, the petitioners seek quashing of FIR bearing no. 363/2023, registered at Police Station Welcome, Delhi for the commission of offence punishable under Sections 323/354(B)/509/342/ 506/34 of Indian Penal Code, 1860 (hereafter 'IPC'). 2.

The petitioners and respondent no. 2 are present before this Court in person and have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Welcome, Delhi. 3.

Briefly stated, facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 30.09.2019 as per The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Muslim rites and ceremonies and were living with each other. It is stated that two female children were born out of the said wedlock. After some time, due to temperamental differences and disputes, both the parties could not reside with each other and since 05.03.2022, petitioner no. 1 and respondent no. 2 have started living separately from each other. Thereafter, on the complaint of respondent no.2, the present FIR was registered against the petitioners under the relevant sections.

4.

It is stated that both the parties have amicably settled the present matter before the Counselling Cell, Karkardooma Court, Delhi vide Settlement Deed dated 25.03.2025, entered between them. It is further stated that both the parties have taken decree of divorce by way of mutual consent, from the concerned Court.

5.

On a query made by this Court, respondent no.2 who has been identified by the concerned 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 that she has received the remaining amount of ₹3,00,000/- vide Demand Draft bearing No. 169668 drawn on Canara Bank, Shahdara Branch, Delhi towards remaining payment as per settlement. Respondent no. 2 further states that she has no objection if the present FIR is quashed.

6.

In view of the above fact that the parties have amicably resolved their differences out of their own free will, without any coercion and no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

There is no legal impediment in quashing the FIR in question. 7.

Accordingly, FIR bearing No. 363/2023, registered at Police Station Welcome, Delhi for the commission of offence punishable under Sections 323/354(B)/509/342/506/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to the judgment passed by the Hon'ble Supreme Court titled as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787.

8.

In view of the above, the present petition stands disposed of. 9.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J FEBRUARY 19, 2026/ns/A.P.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.