Sh. Mohammad Danish And ORS v. State (Govt Of NCT Of Delhi) And ANR
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2064/2025 SH. MOHAMMAD DANISH AND ORS .....Petitioner Through:
Mr. Hitesh Pandey, Advocate with Petitioners in person.
versus STATE (GOVT OF NCT OF DELHI) AND ANR .....Respondent Through:
Mr. Rahul Tyagi, ASC with M.r Sangeet Sibou, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advocates and with SI Dinesh Kumar P.S. Nand Nagri.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 17.07.2025 1.
A Criminal Writ Petition under Article 226 of Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the petitioners seeking to quash the FIR No. 624/2021 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 at Police Station Nand Nagri, Delhi.
2.
Brief facts of the case are that the marriage between petitioner No. 1 and respondent No. 2 was solemnized on 18.10.2020 according to Muslim rites and ceremonies. It is stated that no child was born out of the said The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
wedlock. Due to some temperamental differences the parties started residing separately since 25.12.2020.
3.
It is further submitted that on 11.01.2021, the Respondent No.2 filed a Complaint before the CAW Cell, as a result of which an FIR bearing No. 624/2021 under Sections 498A/406/34 of the Indian Penal Code, 1860 got registered at Police Station Nand Nagri against the Petitioners. 4.
It is stated that during the Court proceedings, the Petitioner No.1 and Respondent No.2 amicably settled the matter vide Agreement dated 27.05.2025 and it was inter alia agreed between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage.
5.
It is also stated that the Respondent No.2 has taken Talaq-e-Hasan (Khula Talaq) from Petitioner No.1 as per Muslim law and in view of the Agreement dated 27.05.2025, the present Petition has been filed. 6.
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 Agreement dated 27.05.2025 and accepted the terms thereof voluntarily.
7.
The Respondent No. 2/wife present today in the Court has confirmed that she has received her articles and Haq Mehar from the 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.
8.
The parties have submitted that all the disputes have been amicably settled vide Agreement dated 27.05.2025 and thus, no fruitful purpose will be served in continuing with the FIR.
9.
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 Agreement dated 27.05.2025 and they also submit that the said Agreement has been arrived at between the parties without any force, pressure and coercion.
10.
Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts and articles due to her and has no objection if the FIR is quashed.
11.
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.
12.
Moreover, there is no legal impediment in quashing the FIR in question.
13.
Accordingly, FIR bearing No. 624/2021 registered at Police Station Nand Nagri, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom are quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
14.
The Petition stands disposed of.
NEENA BANSAL KRISHNA, J JULY 17, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.