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High Court of DelhiCRL.M.C./4919/2025

Sajid Saifi v. State NCT Of Delhi & ANR.

2025-07-24Hon'Ble Mr. Justice Arun Monga3 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAJID SAIFI .....Petitioner Through:

Mohd. Zahid, Mr. Sumit Gupta and Ms. Suhani Manchana, Advocates with petitioner in person.

versus STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Digam Singh Dagar, APP for the State with SI Ankit Kumar, PS - Mandawali.

Mr.

Ayub Khan, Advocate for respondent no. 2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 24.07.2025 1.

Petitioner seeks compromise quashing of FIR No. 781/2014 dated 19.08.2014 under Sections 498A, 406, 34 of IPC registered at P.S. Mandawali, (East Delhi), Delhi, and subsequent pending proceedings pending before the JMFC, East District, Karkardooma Courts, Delhi. 2.

At the relevant time, dispute between the private parties arose from their matrimonial discord i.e. the petitioner (husband) and complainant/ respondent no.2 (wife). They were married on 26.02.2012 according to Muslim rites, but started residing separately due to temperamental differences.

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

3.

Subsequently, respondent no. 2 lodged FIR No. 781/2014 on 19.08.2014 under Sections 498A, 406, and 34 IPC against the petitioner and his family members. A charge sheet was filed, however, several of the petitioner's family members were not summoned but were reflected in Column No. 12 thereof. In the present matter, Sajid Saifi/husband is the only petitioner.

4.

I have heard learned counsel for the parties and have perused the case file.

5.

Learned counsel for the petitioner submits that the matter was referred to mediation centre, Karkardooma Courts, Delhi. Pursuant thereto, a settlement was arrived between the parties on 08.11.2024 with agreed terms including mutual divorce and payment of Rs.6,75,000/-. Subsequently, both parties have dissolved their marriage by mutual consent through a divorce deed dated 29.05.2025 as per the Islamic law. 6.

Both husband and wife are present in person. I have interacted with them. It so appears that there is no duress or coercion of any kind on either side and the settlement has taken place on their own will and free volition. The agreed consideration payable by the husband to the wife has also been paid to her satisfaction.

7.

On a query posed to her qua quashing of FIR, she responds in affirmative. In the premise, no useful purpose would be served to keep the criminal proceedings pending as the complainant/ wife is not interested to press the charges against the petitioner and the trial will be an exercise in futility as there are no chances of conviction and further proceedings would be an abuse of the process. In the premise, in order to secure the ends of justice, I see no reason, as to why the FIR in question and all consequential The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings arising there-from may not be quashed on the basis of compromise.

8.

Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS it is deemed expedient to quash the FIR in question arising out of matrimonial dispute between the parties. Reference in this context may also be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. 9.

Accordingly, the FIR No.781/2014 under Sections 498A, 406, 34 of IPC registered at P.S. Mandawali, (East Delhi), Delhi and the subsequent proceedings initiated pursuant thereto are hereby quashed. ARUN MONGA, J JULY 24, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.