Mr. Syed Nayyar Waris & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1445/2025, CRL.M.A. 13466/2025 MR. SYED NAYYAR WARIS & ORS.

.....Petitioner Through:

Mr. M. Hasibuddin and Mr. Ghulam Sanwar, Advocates with P-1, P-2 and P-3 in person.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondent Through:

Mr. Amol Sinha, ASC for State with W/SI Pooja P.S. Ranjit Nagar.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 09.05.2025 1.

The present Petition under Article 226 of the Constitution of India read with Section 528 BNSS has been filed on behalf of the petitioners seeking to quash the FIR No. 826/2022 registered under Sections 498A/406/506/34 of the Indian Penal Code, 1860 at Police Station Ranjit Nagar, Delhi.

2.

Brief facts of the case are that the marriage was solemnized between Petitioner No. 1 and Respondent No. 2 according to Muslim rites and customs on 31.07.2021. Due to mis-communication and difference, the parties started residing separately w.e.f 01.12.2021. 3.

It is further submitted that on 16.12.2022, on the complaint of Respondent No. 2 before CAW Cell, Kamla Nagar, an FIR bearing No. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

826/2022 under Sections 498A/406/506/34 of the Indian Penal Code, 1860 got registered at Police Station Ranjeet Nagar. 4.

It is stated that the Respondent No.2 also filed a Complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the Petitioners and a Complaint under Section 12 PWDV Act against the Petitioner No.1/husband. The matter was referred to Mediation Centre, Tis Hazari Courts, Delhi, where both the parties amicably settled all the disputes and differences vide Compromise Deed dated 04.12.2024, and 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. It is stated that petitioner No. 1/husband shall pay a sum of Rs. 8,00,000/- to the respondent No. 2/wife towards full and final amount of all the claims of the respondent No. 2/wife as under : (i) Rs.1,50,000/- on or before 12.12.2024;

(ii) Rs.1,50,000/- on or before 15.01.2025 at the time of First Talaq; (iii) Rs.1,50,000/- on or before 15.02.2025 at the time of Second Talaq; (iv) Rs.1,50,000/- on or before 15.03.2025 at the time of Third Tala q; and (v) Rs.2,00,000/- at the time of quashing of FIR. 5.

It is also stated that on 05.03.2024, the marriage between petitioner No. 1 and respondent No. 2 had been dissolved as per Muslim law. 6.

In view of the Compromise Deed dated 04.12.2024, the present petition has been filed.

7.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

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

8.

The last instalment of Rs.2,00,000/- has been paid to the respondent No. 2/wife by the petitioner No. 1, and the same has been confirmed by the respondent No. 2/wife.

9.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 04.12.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 10.

The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 04.12.2024 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion. 11.

The respondent No. 2/wife submits that she has been livingly separately from the petitioner No. 1/husband for the last four years. 12.

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

13.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

14.

Moreover, there is no legal impediment in quashing the FIR in question.

15.

Accordingly, FIR bearing No. 826/2022 registered at Police Station The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Ranjit Nagar, for offences punishable under Sections 498A/406/506/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are quashed.

16.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J MAY 9, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.