Aas Mohammad And ORS v. The State Of NCT Of Delhi And ANR

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5394/2025 & CRL.M.A. 25978/2025 AAS MOHAMMAD AND ORS .....Petitioners Through:

Mr. Kshitiz Mahipal, Adv.

versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Tarang Srivastava, APP for State with SI Mitthan Lal, PS. Sarita Vihar.

Mr. Hum Nashin Ahmed, Mr. Imran Alam and Mr. Aniket Singh, Advs.

for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 04.12.2025 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.298/2023 under Sections 354/323/506/34 IPC registered at Police Station Sarita Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Issue notice. Mr. Tarang Srivastava, learned APP for the State accepts notice.

3.

Petitioner nos.1 to 6 are present in Court whereas respondent no. 2, has joined through VC and have been identified by their respective counsel, as well as, by the Investigating Officer SI Mitthan Lal, PS. Sarita Vihar. 4.

The present FIR is an offshoot of a matrimonial discord between petitioner no.1 and his former wife. The present FIR has been registered at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 12:59:36

the instance of the sister of petitioner no.1's former wife. 5.

During pendency of the proceedings, the parties have arrived at a settlement with the intervention of family and friends. The terms of the settlement were reduced in writing in the form of Settlement Agreement dated 31.05.2025 which is annexed as Annexure B to the present petition. 6.

The marriage between petitioner no.1 and his wife has been dissolved by way of mutual consent as per muslim rites and customs, which fact is also affirmed by respondent no.2, who is present in Court. 7.

It is a term of the settlement that respondent no.2 will cooperate with the petitioners for the quashing of the present FIR. 8.

Respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

9.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

10.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 11.

Consequently, the petition is allowed and the FIR No.298/2023 under Sections 354/323/506/34 IPC registered at Police Station Sarita Vihar alongwith all other proceedings emanating therefrom, is quashed. 12.

The petition stands disposed of in the above terms. 13.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J DECEMBER 4, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/12/2025 at 12:59:36