Wasim Saifi & ORS. v. State (Govt. Of N.C.T. Of Delhi) & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1058/2025 WASIM SAIFI & ORS.

.....Petitioners Through:

Mr. Mohd. Zohaib and Mr. Karan Kataria, Advs. with petitioner no. 1 in person and Petitioner no. 2,3,4,5 & 6 through VC.

versus STATE (GOVT. OF N.C.T. OF DELHI) & ANR. .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Garima, PS Ranjit Nagar.

Mr. Asha Ram Sharma for R-2.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 25.07.2025 CRL.M.A. 4832/2025 Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.A. 4848/2025 1.

Petitioners herein seek compromise quashing of an FIR no.0249/2012 dated 28.12.2012 and subsequent proceedings arising therefrom under Sections 498-A/406/34 IPC, registered at P.S. Ranjit Nagar, Delhi. 2.

At the relevant time, dispute arose out of matrimonial discord between petitioner no.1 (husband) and respondent no.2 (wife). The parties were married on 06.10.2009 in accordance with Muslim rites and customs. Two children are born from the wedlock.

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2.1Petitioner No. 1 is the husband of Respondent No. 2/Complainant; Petitioner No. 2 is the father-in-law; Petitioner No. 3, the mother-inlaw; Petitioner Nos. 4 and 5 are brothers-in-law; and Petitioner Nos. 6 and 7 are sisters-in-law, all of whom allegedly demanded Rs.50,000/- as dowry, physically assaulted and threw the complainant out of the house.

3. The respondent no.2 initially lodged a complaint against all the petitioners before the CAW Cell and on the basis of the said complaint, the impugned FIR dated 28.12.2012 was registered against all the petitioners. However, petitioner no.1 and respondent no.2 have now resumed cohabitation in their matrimonial home from October, 2020 after reconciling their differences.

4.

Learned counsel for the petitioners submits that the parties have amicably resolved all disputes through a Memorandum of Understanding dated 22.01.2025, duly signed by both parties. 5.

Upon a query by the Court, the learned APP for the State confirms the genuineness of the settlement. He submits that, in view of the compromise, the State has no objection to the quashing of the FIR and the consequent proceedings.

6.

The petitioners and respondent no.2 are also present before this Court. 7.

Upon interaction, respondent no.2 (complainant-wife) candidly submits that she has settled differences with her husband. Pursuant thereto, they are enjoying their matrimonial bliss and have resumed cohabitation. She also states that she has entered into the settlement of her own volition, without any pressure, coercion, or undue influence. She further states that the issues concerning co-parenting of their two minor children, have also been amicably resolved.

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

8.

Dispute between the parties herein was primarily private and personal in nature arising from a matrimonial relationship. Same has since been amicably resolved, thus, no useful purpose would be served by continuing criminal proceedings and would amount to abuse of the process of law. The complainant herself does not wish to pursue the case.

9.

The continuation of criminal proceedings would unnecessarily burden the judicial system and on the other hand dropping the same would promote peace and harmony between the parties. Continuation of proceedings may rather result in hostility between the parties and the defeat the very purpose of settlement.

10. In the premise, it is appropriate to quash the FIR and all consequential proceedings. Reference may be made to the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjab & Anr. (2012) 10SCC 303.

11. Consequently, the instant petition is allowed. The criminal proceedings arising out of FIR no.0249/2012 dated 28.12.2012, for the alleged offences committed under Sections 498-A/406/34 IPC, registered at P.S. Ranjit Nagar, Delhi against the petitioner no.1 and further proceedings arising therefrom are hereby quashed.

12. All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J JULY 25, 2025 RN The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.