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High Court of DelhiCRL.M.C./4959/2025

Nazrul Islam & ORS. v. The State Govt Of NCT Of Delhi & ANR.

2025-07-28Hon'Ble Mr. Justice Arun Monga3 pages

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NAZRUL ISLAM & ORS.

.....Petitioners Through:

Mr. Yash Pal Bharti, Advocate, for Petitioner no. 1 to 5 with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Rohan Singh Marwah, PS - Khyala.

Mr. Asif Ahmad Siddique, Advocate for respondent no. 2 with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 28.07.2025 CRL.M.A. 21530/2025 (For Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed.

1.

Petitioners herein seek compromise quashing of an FIR No.76/2013 dated 06.03.2013, arising out of matrimonial acrimony between petitioner no.1 (husband) and respondent no.2 (wife), for the alleged offences under Sections 498-A, 406 & 34 of IPC, registered at P.S. Khyala, West Delhi in terms of the Settlement Agreement dated 18.07.2025. 2.

The couple got married on 30.03.2008 in accordance with Muslim rites and customs. Two children are born from the wedlock. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Petitioner no.1 is the husband of the Respondent No.2/Complainant; Petitioner No.2 is the mother-in-law; Petitioner Nos.3, 4 and 5 are the sisters-in-law of the complainant, all of whom allegedly demanded dowry, abused and physically assaulted the complainant. 4.

On account of differences between the parties, a case was filed by the respondent no.2 seeking appropriate legal action pursuant to the FIR in question, which is pending before the ld. JMFC, Tis Hazari, Delhi. 5.

Learned counsel for the petitioners submits that during the pendency of the aforesaid matter, the parties have amicably arrived at a settlement vide MOU/Compromise Deed dated 18.07.2025. Upon reconciliation, they have resumed their marital relationship. They have been living together for the past two years, and enjoying matrimonial bliss. 6.

I have heard the parties and perused the case file. 7.

Parties are present in Court and I have interacted with them. 8.

On a Court query to respondent no. 2 (complainant-wife), she candidly stated that she has resolved all her differences with her husband. She has buried the hatchet in the larger interest of the family, and resumed her matrimonial life. The couple and children are presently residing together peacefully. She further stated that she has entered into the settlement of her own volition, without any pressure, coercion, or undue influence. 9.

Learned counsel for respondent no. 2 and the learned Public Prosecutor concur with the fact of the compromise. In view thereof, they have no objection if the FIR in question is quashed. 10.

Dispute between the parties herein was primarily private and personal in nature arising from a matrimonial relationship. As the matter has since been amicably resolved, continuing the criminal proceedings would serve no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

useful purpose and would amount to an abuse of the process of law. Furthermore, the complainant herself has expressed her unwillingness to pursue the case.

11.

On the other hand, the continuation of criminal proceedings would unnecessarily burden the judicial system and whereas, dropping the same would promote peace and harmony between the parties. In these circumstances, and in order to secure the ends of justice, I find no reason why the FIR in question and all consequential proceedings arising therefrom should not be quashed on the basis of the compromise. Reference may also be made to the judgment of the Supreme Court in Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303.

12.

The instant petition is thus allowed. The criminal proceedings arising out of FIR No.76/2013 dated 06.03.2013, for the alleged offences committed under Sections 498-A, 406 & 34 of IPC, registered at P.S. Khyala, West Delhi, against the petitioners and further proceedings arising therefrom are hereby quashed.

13.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J JULY 28, 2025/kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.