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High Court of DelhiCRL.M.C./2301/2025

Parvej Ali v. State Of NCT Of Delhi & ANR.

2025-05-27Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2301/2025 PARVEJ ALI .....Petitioner Through:

Mr. Harsh Goyal, Advocate with Petitioner.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Y.S. Chauhan, APP for the State with SI Ajeet Singh, PS P.P. Pur.

Counsel for Complainant (appearance not given) with Complainant.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 27.05.2025 CRL.M.A. 10372/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 2301/2025 3.

Petition under Section 528 of the Bharaiya Nagarik Suraksha Sanhita, 2023 (old Section 482 of the Code of Criminal Procedure, 1973) has been filed on behalf of the Petitioner, Parvez Ali seeking quashing of FIR No. 140/2022 dated 07.03.2022 under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and under Section 506/509 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Pul Prahladpur, Delhi and all the proceedings emanating therefrom, in view of the Settlement dated 24.07.2024. 4.

Issue Notice.

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

5.

On advance Notice, learned APP for the State has appeared. 6.

Brief facts of the case are that the marriage was solemnized between Petitioner/husband and the Respondent No. 2/wife on 20.06.2019, according to the Muslim rites and ceremonies and no child was born out from the said wedlock.

7.

On the Complaint of the Respondent No.2/Complainant, FIR No.140/2022 dated 07.03.2022 under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and under Section 506/509 of IPC, got registered at Police Station Pul Prahladpur. The parties are residing separately since 08.04.2021.

8.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner. It is stated that the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement Talaq-E-Mubarat dated 24.07.2024. It is settled between the parties that the Petitioner/husband shall pay a sum of 5,00,000/-, 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. It is further settled between the parties that the first Talaq was pronounced by the Petitioner on 25.04.2024; the second Talaq was pronounced on 25.05.2025 and the third/final Talaq was pronounced on 25.06.2024, as per Islamic Shariat and prevailing law at the time of execution of the present Mubaratnana and the Respondent No. 2 confirmed the said Talaq. It is also submitted that the Respondent No. 2 shall withdraw all the proceedings pending against the Petitioner.

9.

Today, the Respondent No. 2/wife, who is present in the Court, states The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 21.12.2024, the marriage between the Petitioner and the Respondent No. 2, had been dissolved by mutual consent, 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. 140/2022 dated 07.03.2022 under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and under Section 506/509 of the IPC registered at Police Station Pul Prahladpur, Delhi and all the consequential proceedings emanating therefrom are quashed.

13.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J MAY 27, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.