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High Court of DelhiW.P.(CRL)/1842/2025

Nafish Ahmad & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

2025-07-02Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1842/2025 NAFISH AHMAD & ORS.

.....Petitioners Through:

Mr. Yash Agarwal, Mr. Shashank Shekhar Sahu, Ms. Ritu and Ms.

Shahin, Advocates alongwith petitioners in person versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through:

Mr. Anand V. Khatri, ASC for the State with SI Harbir Punia, P.S.

Govindpuri R-2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 02.07.2025 CRL.M.A. 17255/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 1842/2025 3.

By way of the present petition, the petitioners seek quashing of FIR bearing no. 660/2024, registered at Police Station Govindpuri, South-East, New Delhi for the commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC'). 4.

The petitioners and respondent no. 2 have appeared before this Court in person. They have been identified by their counsels and concerned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Investigating Officer (IO) from Police Station Govindpuri, South-East, New Delhi.

5.

Briefly stated, facts of the present case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 14.10.2018 as per the Muslim rites and ceremonies. A male child was born out of this wedlock on 25.10.2019, however, due to medical complications, the child had passed away on 27.10.2019 in the hospital. After some time, due to some temperamental differences, both the parties started living separately from each other since 01.04.2022. Thereafter, respondent no. 2 had filed a complaint against the petitioners before the concerned Police Station which culminated into the present FIR. After investigation, the chargesheet was filed before the concerned Court.

6.

It is stated that both the parties have amicably settled the present matter vide Memorandum of Understanding/Compromise Deed dated 16.05.2025, entered between them.

7.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties and that she has received the entire settlement amount. Respondent no. 2 further states that she has no objection, if the present FIR is quashed.

8.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing no. 660/2024, registered at Police Station Govindpuri, South-East, New Delhi for the commission of offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

10.

In view of the above, the present petition stands disposed of. 11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 02, 2025/ns Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.