Musseem v. State Of NCT Of Delhi & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5070/2025 & CRL.M.A. 21968/2025 MUSSEEM .....Petitioner Through:

Mr.

Nishant Kumar Tyagi, Ms. Priyanka Jain, Ms. Anita Seth, Mr. Shubham Arora, Mr. Mukul Joshi, Kanav, Advs. with the Petitioner in person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for State with SI Nitin Meena, PS Krishna Nagar.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 18.09.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") has been filed by the petitioner praying for quashing of FIR no. 356/2023 registered at Police Station Krishna Nagar, for offences punishable under Section 308 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The brief facts of the case are that on the complaint of respondent no. 2 alleging that her husband, petitioner herein assaulted her with an iron rod on 27.05.2023 causing head injuries and threatened to kill her, FIR no. 356/2023 was registered.

3.

Learned counsel appearing on behalf of the petitioner submitted that chargesheet has already been filed against the petitioner. It is submitted that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.

Settlement deed dated 23.02.2024 is on record and has been annexed as "Annexure D". Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 356/2023 registered at Police Station Krishna Nagar against the petitioner. 5.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6.

Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

7.

Heard learned counsel for the parties and perused the record. 8.

The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station Krishna Nagar. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer.

9.

On a query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties.

10.

Keeping in view that the matter has been amicably settled between the petitioner and respondent no. 2 without any pressure, and considering that the parties are husband and wife residing together with their children, no fruitful purpose would be served in keeping the matter pending. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR no. 356/2023 registered at Police Station Krishna Nagar, for offences punishable under Section 308 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner.

12.

The petition along with pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J SEPTEMBER 18, 2025 Sk/dd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.