Samir Malik Alias Vinod And ORS v. State NCT Of Delhi Abnd ANR.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SAMIR MALIK ALIAS VINOD AND ORS .....Petitioners Through:

Mr. Vaibhav Kumar, Advocate with petitioners in person.

versus STATE NCT OF DELHI ABND ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with SI Sukhpal Singh Rana, PS - Khajoori Khas.

Mr. K.R. Rana, Advocate with respondent no. 2 with respondent no.

2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 13.10.2025 1.

Petitioners herein seek quashing of an FIR No. 131/2023 dated 14.02.2023 for the alleged offences under Sections 498A/406/34 IPC, registered at Police Station Khajuri Khas, Delhi (North-East District) along with all the consequential proceedings arising therefrom, on the basis of a compromise between the parties.

2.

Dispute between the parties arose mainly from the matrimonial discord between Petitioner no.1 (Husband) and Respondent no.2/ Complainant (wife). The couple got married on 04.04.2019 as per Muslim rites and ceremonies. They are living separately since first week of February-2020. One girl child is born from the wedlock, presently in the care and custody of the Mother (Respondent no.2). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.1 The aforesaid FIR was further registered against Petitioner No. 1, his mother (Petitioner No. 2), brother (Petitioner No. 3), and sister-in-law/wife of Petitioner No. 3 (Petitioner No. 4).

3.

Learned counsel for the petitioners submits that the parties have amicably resolved all their disputes by way of settlement vide MoU/Settlement Deed dated 14.07.2025(Annexure- B-1). He further submits that the Respondent no.2 does not wish to press charges against the petitioners, and has no objection to the quashing of the FIR in question. 3.1 Learned Counsel submits that pursuant to the settlement, marriage between the Petitioner No.1 and Respondent no.2 has already been dissolved By The Deed of Talaqnama/Triple Talaq dated 14.07.2025 by mutual consent (Annexure- C) as per Islamic law.

4.

In the aforesaid backdrop, I have heard learned counsels for the petitioners and respondent no.2, as well as perused the material available on record.

5.

The learned APP for the state, under instructions, concurs with the factum of compromise between the persons and the same has been duly verified, he informs.

6.

The Complainant/Respondent no.2 is present in Court and upon interaction, she candidly submits that she has amicably resolved her differences and has entered into the settlement out of her own free will, without any pressure, coercion, or undue influence. She further states that pursuant to the settlement, she does not wish to continue with the proceedings against the petitioners as no dispute and grievance remains unresolved with them.

7.

Since the Complainant does not wish to press charges and there is no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

incriminating evidence against the petitioners, coupled with the fact that a compromise has been reached, continuing with the criminal proceedings would be an exercise in futility, amounting to an abuse of the process of law. 8.

In the premise, taking a wholesome view and in order to let the parties enjoy mutual cordiality which will go long way to establish peace rather than promote hostility in case further proceedings continue, this is a fit case for invoking inherent powers vested with this Court under Section 528 of BNSS, 2023 (erstwhile Section 482 Cr.P.C.). It is deemed expedient to quash the FIR in question. Reference in this context may be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303].

9.

Consequently, the instant petition is thus allowed. FIR No. 131/2023 dated 14.02.2023 for the alleged offences under Sections 498A/406/34 IPC, registered at Police Station Khajuri Khas, Delhi (North-East District), and all other proceedings arising therefrom, are hereby quashed. 10.

It is made clear that proceedings qua FIR No. 131/2023 dated 14.02.2023 are quashed, but as regards the consequential proceedings initiated at the instance of the Trial Court under Section 174A IPC, the same are left open to be adjudicated in accordance with law. In case any application for dropping of the same is moved, learned Trial Court shall consider it in view of the settlement.

11.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J OCTOBER 13, 2025/kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.