Auresh Malik & ORS. v. State Of NCT Of Delhi & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2795/2026 AURESH MALIK & ORS.

.....Petitioners Through:

Mr. A.A. Chaus, Mohd. Nawar, Mohd. Aatif Adnan and Mr. Aman Singh, Advs.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, App with Ms.

Upasana Bakshi, Ms. Divya Bakshi, Mr. Aditya Vikram Singh and Mr.

Gourav Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 15.04.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.0185/2025 dated 18.04.2025 registered at PS.: Jamia Nagar under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and Sections 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 as also all proceedings emanating therefrom, in view of the Mediation Settlement dated 27.09.2025 (Annexure A3), whereby the petitioner no.1 and the respondent no.2 have mutually and amicably resolved their disputes.

2.

Issue notice. Learned APP for the State accepts notice and submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that he has no objection to the quashing of the aforesaid FIR. 3.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Settlement dated 27.09.2025. She submits that in compliance thereof, the petitioner no.1 has already paid her the total settlement amount of Rs.3,45,000/- as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. She further submits that her marriage with the petitioner no.1 has since been dissolved by mutual consent/ "Mubarat" as per Muslim Rites and Customs vide Decree dated 17.11.2025, and as such, she has no objection to the quashing of the aforesaid FIR.

4.

The petitioners and the respondent nos.2, present in Court, as well as their credentials as on record, have been identified by the Investigating Officer.

5.

Facts disclose that a settlement has already been arrived voluntarily between the petitioner no.1 and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, they shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. As such, following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. vs. Babita Raguvanshi & Anr.: (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioners will be an exercise in futility. 6.

Thus, the present petition is allowed and FIR No.0185/2025 dated 18.04.2025 registered at PS.: Jamia Nagar under Sections 498A/406/34 of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the IPC and Sections 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 as also all proceedings emanating therefrom are hereby quashed.

7.

Accordingly, the present petition is disposed of in the aforesaid terms.

SAURABH BANERJEE, J APRIL 15, 2026/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.