Mohd Rashid And ORS v. The State Of NCT Of Delhi

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

1055/2025, CRL.M.A.

4822/2025 (stay), CRL.M.A.4823/2025 (seeking extension of time) MOHD RASHID AND ORS .....Petitioners Through:

Mr. Ujjwal Bhardwaj, Ms. Mrinalini Naik and Mr.

Digant Mishra, Advocates.

versus THE STATE OF NCT OF DELHI .....Respondent Through:

Mr. Yudhvir Singh Chauhan, APP for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 29.05.2025 CRL.M.A.4824/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 1055/2025 3.

Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC')/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Petitioners, for quashing of FIR No. 296/2023 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and under Section 3 and 4 of Dowry Prohibition Act, 1961 registered at Police Station Bhajanpura as Criminal Case No. 384/2024, pending before the Court of learned Mahila Court-01, North East District, Karkardooma Courts, Delhi and all the consequential proceedings emanating therefrom. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue Notice.

5.

On advance Notice, learned APP has appeared and accepts the Noteice on behalf of the State.

6.

Brief facts of the case are that the marriage was solemnized between Petitioner No.1/husband and the Respondent No. 2/wife on 17.11.2018, according to the Muslim rites and ceremonies. 7.

On the Complaint of the Respondent No.2/Complainant, FIR No. 296/2023 under Section 498A/406/34 IPC and under Section 3 and 4 of Dowry Prohibition Act, 1961, got registered at Police Station Bhajanpura. 8.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner No. 1. It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement Agreement dated 26.02.2024, before the Delhi Mediation Centre, Karkardooma Courts, Delhi. In the Settlement, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner No.1/husband shall dissolve their marriage by decree of mutual consent under Section 13-B(1) and 13-B(2) of Hindu Marriage Act, 1955. It is stated that the Petitioner No.1/husband shall pay a sum of 15,00,000/- towards full and final settlement of all the claims in all respect i.e.

towards past, present and future maintenance, balance istridhan and alimony of the Respondent No. 2/wife, in three instalments. It is also stated that the Petitioner No.1 shall pay first instalment of Rs. 5,00,000/- to Respondent No. 2/wife, by way of Demand Draft, at the time of withdrawal of the instant case; the second instalment of Rs. 5,00,000/- shall be paid by the Petitioner No. 1, by way of Bank Draft, at the time of recording of Statement in the Civil Suit for declaration/obtaining decree of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

divorce and the third instalment of Rs.5,00,000/- shall be paid by the Petitioner No. 1, by way of Bank Draft, to the Respondent No. 2, at the time of quashing the aforesaid FIR. It is also submitted that the Respondent No. 2 shall withdraw all the proceedings pending against the Petitioner No. 1. 9.

Today, the Respondent No. 2/wife, who is present in the Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

10.

It is also stated that on 01.04.2024, the marriage between the Petitioner and the Respondent No. 2, had been dissolved by mutual consent @ Mubara'at, as per the Muslim Law.

11.

The Statement of the parties have already been recorded before the learned Joint Registrar. They have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

12.

Considering the nature of the allegations and that they have settled the matter, the FIR No. 296/2023 under Section 498A/406/34 IPC and under Section 3 and 4 of Dowry Prohibition Act, 1961, registered at Police Station Bhajanpura as Criminal Case No. 384/2024 pending before the Court of learned Mahila Court-01, North East District, Karkardooma Courts, Delhi and all the consequential proceedings emanating therefrom are quashed. 13.

The Petition is disposed of accordingly. Pending Applications are disposed of accordingly.

NEENA BANSAL KRISHNA, J MAY 29, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.