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High Court of DelhiCRL.M.C./7700/2025

Shadab And ORS. v. State Of NCT Of Delhi & ANR.

2025-11-03Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7700/2025 SHADAB AND ORS.

.....Petitioners Through:

Mr. Asim Ali, Mr. Mohd. Junaid Khan, Ms. Sehrish, Advocates with Petitioners.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for the State.

Ms Heena, Mr. Sahil Sharma, Mr.

Anurag Singh, Advocates for R2 with Respondent No.2

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 03.11.2025 CRL.M.A. 32207/2025 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 7700/2025 3.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.')/under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC'), has been filed on behalf of the Petitioners for quashing of FIR No. 335/2017 dated 22.05.2017 under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 4 of Dowry Prohibition Act, registered at Police Station Seemapuri and all the consequential proceedings emanating therefrom, in terms of the Settlement dated 28.06.2024. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Issue Notice.

5.

On advance Notice, learned APP has appeared and accepted the Notice on behalf of the State.

6.

Brief facts of the case are that the marriage was solemnized between Petitioner No.1/husband and the Respondent No. 2/wife on 11.03.2016, according to the Muslim rites and ceremonies. The Complainant is present in person, who submits that the Petitioners are her husband and in-laws. 7.

On the Complaint of the Respondent No.2/Complainant, FIR No.335/2017 dated 22.05.2017 under Section 498A/406/34 of IPC and Section 4 of Dowry Prohibition Act, got registered at Police Station Seemapuri.

8.

It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioners. It is stated that the Petitioners and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement dated 28.06.2024, before the Mediation Centre, Karkardooma Courts, Delhi. In the Settlement, it was inter alia settled between the parties that they have decided to dissolve their marriage/Talaaq as per Mohammadan Law, as per law. It is also settled between the parties that the Petitioner No. 1 shall pay a total sum of Rs.10,00,000/- to the Respondent No. 2, towards full and final settlement of all her claims arising out of the marriage including mehar amount, iddat expenses, permanent alimony, maintenance (present, past and future).

It is also settled that the Petitioner No. 1 shall pay first instalment of Rs.50,000/- by way of demand drat, at the time of taking final talaq as per Shariyat Law and the second instalment of Rs.50,000/- shall be paid by the Petitioner No 1 to the Respondent No. 2, by way of demand draft, at the time of quashing of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

said FIR. It is also settled between the parties that they shall not litigate qua the marriage in future.

9.

It is stated that the Petitioner No. 1. has already paid the first instalment of Rs.50,000/-, to the Respondent No. 2. Today, the Petitioner No. 1 has handed over a Demand Drat bearing No.612847, drawn from Bank of Baroda, in favour of Nagma, for a sum of Rs.50,000/- i.e the balance amount, dated 14.10.2025, in the Court today, which is accepted by the Respondent No. 2/wife, who is present in the Court. She states that she has received all amounts due to her and has no objection if the said FIR is quashed.

10.

The Petitioner No. 1 and the Respondent No. 2 executed divorce deed/Talaknama on 07.12.2024.

11.

The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement. 12.

Considering the nature of the allegations and that they have settled the matter and the divorce has already been granted vide Divorce Deed dated 07.12.2024, the FIR No. 335/2017 dated 22.05.2017 under Section 498A/406/34 of IPC and Section 4 of Dowry Prohibition Act, registered at Police Station Seemapuri and all the consequential proceedings emanating therefrom are quashed.

13.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J NOVEMBER 3, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.