Waris Ali v. State Of NCT Of Delhi And ANR

$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6997/2025 & CRL.M.A. 29424/2025 WARIS ALI .....Petitioner Through:

Ms. Heema and Mohd. Hasan, Advocates with Petitioner in person versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Shoaib Haider, APP for the State Mr. Parveen Ali, Mr. Raksh Pal Singh, Mr.

Izharul Haque and Mr.

Khalid, Advocates for Complainant (through VC) with Complainant in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 26.09.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner for quashing of FIR No. 0321/2020 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟) and Section 4 of the Dowry Prohibition Act at P.S. Welcome and all the proceedings emanating therefrom in terms of the Settlement dated 30.07.2025. 2.

Issue Notice.

3.

Mr. Shoaib Haider, learned APP appearing on advance Notice, accepts Notice on behalf of the State.

4.

Brief facts of the case are that the marriage was solemnized between Petitioner No. 1 and Respondent No. 2 on 31.03.2013, according to Muslim The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

rites and ceremonies and no child was born out of the said wedlock. Due to temperamental issues, the Petitioner/husband and the Respondent No. 2 started living separately since 18.12.2018.

5.

It is further submitted that on the basis of Complaint made by the Complainant, FIR No. 0321/2020 got registered under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act at P.S. Welcome.

6.

The parties are present before this Court in-person today and have been identified by their respective learned Counsel. 7.

It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Settlement dated 30.07.2025.

8.

In the Settlement dated 30.07.2025, it was inter alia settled between the parties that the Respondent No. 2/wife and the Petitioner No. 1/husband shall dissolve their marriage as per Muslim rituals. It is stated that the Petitioner No.1/husband shall pay a sum of Rs.10,00,000/- towards full and final settlement of all the claims of the Respondent No. 2/wife, in five instalments. It is also stated that the Petitioner No. 1 shall pay first instalment of Rs.1,50,000/- to Respondent No. 2, at the time of withdrawal of Domestic Violence Petition. The second instalment of Rs.2,00,000/- shall be paid to the Respondent No. 2, at the time of withdrawal of Execution Petitions. The third instalment of Rs.1,50,000/- shall be paid at the time of withdrawal of Maintenance Petition. The fourth instalment of Rs.2,00,000/- shall be paid at the time of recording of statement in Civil Suit for declaration of divorce and the fifth instalment of Rs.3,00,000/- shall be paid at the time of quashing of aforesaid FIR.

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

9.

It is stated that the Petitioner has already paid Rs.7,00,000/- to the Respondent No. 2, which is acknowledged by the Respondent No. 2. The remaining balance amount of Rs.3,00,000/- has been paid today by way of Demand Draft, which is accepted by the Respondent No. 2. 10.

It is stated that the marriage between the Petitioner No. 1 and the Respondent No. 2, had been dissolved by mutual consent by way of Mubarat Divorce dated 01.09.2025 and the document in support of divorce is placed on record.

11.

In view of the Settlement dated 30.07.2025, the present Petition has been filed.

12.

The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. The parties have undertaken to remain bound by the terms of the Settlement. The parties have submitted that all the disputes have been amicably settled vide Settlement dated 30.07.2025 and thus, no fruitful purpose will be served in continuing with the FIR. 13.

Today, the Respondent No. 2/wife, who is present in the Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

14.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 15.

Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

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

16.

Accordingly, FIR No. 0321/2020 registered under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act at P.S. Welcome and all consequential proceedings emanating therefrom are quashed.

17.

The Petition alongwith pending Application, stands disposed of. NEENA BANSAL KRISHNA, J SEPTEMBER 26, 2025 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.