← Library
High Court of DelhiW.P.(CRL)/3594/2025

Mohd Asim & ORS. v. The State Govt Of NCT Of Delhi & ANR.

2025-11-04Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3594/2025 MOHD ASIM & ORS.

.....Petitioners Through:

Mr. D.K. Tiwari and Mr. Love, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR......Respondents Through:

Mr. Sanjay Lao, SC for State with Mr.

Aryan Sachdeva and Mr.

Abhinav Arya, Advs. with SI Prachi, PS. Nand Nagri.

Mr. Pradeep Kumar, Mr. Mohd.

Mukeeb and Mr. Rishab, Advs. for R2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 04.11.2025 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.429/2021 under Sections 498A/406/506/34 IPC registered at Police Station Nand Nagri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Issue notice. Mr. Sanjay Lao, learned Standing Counsel for the State accepts notice. He submits that since the FIR in question is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 3.

The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife), who is present in Court, have been identified by their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respective counsel, as well as, by the Investigating Officer SI Prachi, PS. Nand Nagri.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 12.02.2020 according to Muslim Rites and Customs. No child was born out of the said wedlock. 5.

On account of temperamental issues certain disputes arose between the parties and they started living separately since May 2020. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 25.08.2022, which is annexed as Annexure D to the present petition. 7.

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have mutually decided to obtain a decree of divorce on or after 25.10.2022. 8.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 1 lac to the respondent no.2 towards full and final settlement of all her claims on account of iddat, mehar, permanent alimony, dowry articles, maintenance (past, present and future) etc. which has already been paid, the receipt of which is acknowledged by the respondent no.2, who is present in court.

9.

The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR in question is quashed. 10.

In view of the fact that the parties have arrived at a settlement, no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 12.

Consequently, the petition is allowed and the FIR No.429/2021 under Sections 498A/406/506/34 IPC registered at Police Station Nand Nagri alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J NOVEMBER 4, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.