Mohd Amir Azeem v. State Gnct Of Delhi And ANR

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5953/2025 MOHD AMIR AZEEM .....Petitioner Through:

Mr. Sitab Ali Chaudhary, Mr. Sadik, Advocates.

versus STATE GNCT OF DELHI AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for the State along with Respondent in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 26.08.2025 1.

The petition herein is a compromise quashing of an FIR No. 0231/2019 dated 05.10.2019 registered at Police Station Jamia Nagar, for the offences punishable under Sections 498A/406/34 IPC and the consequential proceedings arising therefrom based on compromise between the parties vide Settlement Deed dated 10.03.2025. 2.

Dispute between the parties arose from the matrimonial discord between Petitioner No.1 (husband) and complainant/Respondent no.2 (wife). The petitioner No.1 and respondent No.2 got married on 04.11.2012 in accordance with Muslim rites and customs. One girl is born out of the wedlock. However, due to differences and disputes between the petitioner No. l and respondent No.2, they started residing separately. 3.

Learned counsel for the petitioners submits that the parties have CRL.M.C. 5953/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

amicably settled their dispute vide Settlement Deed dated 10.03.2025 which is placed on record (Annexure-P-2). Learned counsel further submits that the affidavit to the effect of no objection to quashing deposed by respondent No.2/ complainant is also placed on record.

4.

Learned APP fairly does not oppose the petition in light of the settlement arrived between the parties.

5.

In the aforesaid backdrop, I have heard the rival contentions and also interacted with the parties who are present in Court. 6.

On a Court query put to the complainant, she candidly submits that she has arrived at mutual settlement on her own volition without any duress or coercion. She further states that pursuant to the settlement, the petitioner No.1-husband has complied with the terms of the settlement to her satisfaction and nothing remains payable to her. The complainant states that in view of the settlement, she does not wish to press any charges against the petitioners.

7.

It transpires that during the pendency of the proceeding before this Court, pursuant to the said settlement, the parties have agreed to take divorce in accordance with the law.

8.

Given that the dispute has been resolved, continuing with criminal proceedings may serve no useful purpose. It would be a drain on judicial resources and abuse of the process of law, especially when dispute does not involve any public interest or interest of the society at large.Continuation of the proceedings, on the other hand, may result in hostility between the parties and defeat the very purpose of the settlement. 9.

Quashing the FIR would rather facilitate the parties in maintaining or restoring cordiality. Therefore, the proceedings deserve to be quashed in the CRL.M.C. 5953/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

exercise of the inherent powers of the Court. Reference may be had to the judgement rendered in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] in this context.

10.

Accordingly, exercising the inherent powers vested in this Court under Section 528 of BNSS, it is therefore deemed appropriate to quash the FIR arising from this matrimonial dispute. However, quashing of FIR and/or settlement between the parties shall have no bearing on inheritance rights of the minor child.

11.

Consequently, the petition is allowed and the FIR No. 0231/2019 dated 05.10.2019 registered at Police Station Jamia Nagar, for the offences punishable under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom are hereby quashed. 12.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J AUGUST 26, 2025/nk/rs CRL.M.C. 5953/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.