Mr. Naved Akhtar & ORS. v. State Of NCT Delhi & ANR.
$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4025/2025 MR. NAVED AKHTAR & ORS.
.....Petitioners Through:
Mr. Chirag Gupta, Mr. Abhiraj Agarwal and Mr.
Shobhit Kulshreshtaa, Advs.
along with petitioner no. 1 in person and petitioner no. 2 to 4 through VC.
versus STATE OF NCT DELHI & ANR.
.....Respondents Through:
Mr. Digam Singh Dagar, APP for the State.
SI Ravi Malik, PS Vasant Kunj South and SI Lal Chand.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 30.05.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition filed under Section 528 of the BNSS seeks quashing of the FIR No. 0109/2025, under Sections 498A/406/34 of the IPC, registered at P.S. Vasant Kunj South.
3.
The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 27.12.2021 as per Muslim rites and ceremonies and no child was born out of the said wedlock. 4.
Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 07.09.2023. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and petitioner no. 2 (sister-in-law), petitioner no. 3 (mother-in-law), and petitioner no. 4 (father-in-law).
5.
On 08.05.2025, petitioner no. 1 and respondent no.2 have arrived at a Mutual Settlement Agreement and as per the said settlement deed, petitioner no.1 and respondent no. 2 has mutually agreed to divorce each other and settle their disputes without any monetary consideration, including full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 08.05.2025. has been placed on record as Annexure -P-2. 6.
In terms of the said settlement, the parties agree to initiate the process of the divorce as per the proceedings of Talaq -a-nama in which three notices from petitioner no. 1 shall be sent to the respondent no. 2 at an interval of 30 days between each notice.
7.
Petitioners no. 1 appeared in person, Petitioner Nos. 2 to 4 appeared through video conferencing before this Court and complainant/respondent no. 2 has appeared in person before the Court and they have been duly identified by their respective counsels, as well as the Investigating Officer, SI Ravi Malik, PS Vasant Kunj South.
8.
Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with. The parties have also undertaken to abide by their reciprocal obligations as agreed in the aforesaid Settlement Agreement.
9.
Learned APP for the State submits that the investigation in the present FIR is pending and chargesheet is yet to be filed, however, in view of the settlement between the parties, he has no objection if the present FIR is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
quashed.
10.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding." 11.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0109/2025, under Sections 498A/406/34 of the IPC, registered at P.S. Vasant Kunj South.
12.
In the interest of justice, the petition is allowed, and the FIR No. 0109/2025, under Sections 498A/406/34 of the IPC, registered at P.S. Vasant Kunj South, is hereby quashed.
13.
Petition is allowed and disposed of accordingly. 14.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 30, 2025/kr 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.