Mohd Ashif & ORS. v. State Of NCT Of Delhi & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7274/2025, CRL.M.A. 30527/2025 MOHD ASHIF & ORS.

.....Petitioners Through:

Mr. Tanuj Gulati, Mr. Lokesh kumar Bidhuri, Mr.

Aman Bidhuri, Mr. Varun Rexwal, Mr. Dipanshu Bhambhu, Mr. Harsh Rai, Advocates Petitioners through VC versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State Mr. Ayaz Ahmed, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.11.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners for quashing of FIR No. 0195/2021 registered under Sections 498A/406/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') at P.S. Malviya Nagar and all the proceedings emanating therefrom in terms of the Settlement dated 13.05.2025.

2.

Brief facts of the case are that the marriage was solemnized between Petitioner No. 1 and Respondent No. 2 on 14.11.2016, according to Muslim 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 June 2018.

3.

It is further submitted that the Complainant had lodged a Complaint before the CAW Cell against the Petitioners, which culminated into The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registration of FIR No.

0195/2021 registered under Sections 498A/406/506/34 IPC at P.S. Malviya Nagar.

4.

The Petitioners are present through VC and the Respondent No. 2 is present in the Court in-person today and have been identified by their learned Counsel and Investigating Officer.

5.

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 13.05.2025.

6.

In the Settlement dated 13.05.2025, 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.2,00,000/- towards full and final settlement of all the claims of the Respondent No. 2/wife, in three instalments.

7.

It is also stated that the Petitioner No. 1 shall pay first instalment of Rs.50,000/- to Respondent No. 2, at the time of withdrawal of two cases i.e. Misc. Crl. 7/2024 and Ex. No. 238/2023. The second instalment of Rs.1,50,000/- shall be paid to the Respondent No. 2, at the time of withdrawal of quashing of aforesaid FIR.

8.

It is stated that the Petitioner has already paid Rs.1,00,000/- to the Respondent No. 2, which is acknowledged by the Respondent No. 2. The remaining balance amount of Rs.1,00,000/- has been paid today through RTGS.

9.

It is also stated that the marriage between the Petitioner No. 1 and the Respondent No. 2, has been dissolved by mutual divorce by way of Deed of Mubarat dated 24.09.2025 and the document in support of divorce is placed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

on record.

10.

In view of the Settlement dated 13.05.2025, the present Petition has been filed.

11.

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 13.05.2025 and thus, no fruitful purpose will be served in continuing with the FIR. 12.

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.

13.

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. 14.

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

15.

Accordingly, FIR No. 0195/2021 registered under Sections 498A/406/506/34 IPC at P.S. Malviya Nagar and all consequential proceedings emanating therefrom are quashed.

16.

The Petition alongwith pending Application, stands disposed of. NEENA BANSAL KRISHNA, J.

NOVEMBER 24, 2025 N The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.