Mohd Rizbhan & ORS. v. State (N Ct Of Delhi) & ANR.

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3667/2025 MOHD RIZBHAN & ORS.

.....Petitioners Through:

Mr.

Lokesh Nath Jha, Mr.

Kamaldeep, Ms. Kashish Arora, Mr.

Ronak and Ms. Aditi Chopra, Advs.

versus STATE (N CT OF DELHI) & ANR.

.....Respondents Through:

Mr. Sanjay Lao, SC for State with Mr. Abhinav Arya and Mr. Aryan Sachdeva, Advs. with ASI Rajvir Singh, PS. Dayalpur.

Mr. Davinder Pal and Mr. Hunny, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 10.11.2025

O R D E R

CRL.M.A. 33027/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 3667/2025 3.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.214/2024 under Sections 498A/406/34 IPC registered at Police Station Dayalpur and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. Mr. Sanjay Lao, learned Standing Counsel for the State The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accepts notice. He submits that since the FIR 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. 5.

The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife), who is present in court, have been identified by their respective counsel, as well as, by the Investigating Officer ASI Rajvir Singh, PS. Dayalpur.

6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 26.09.2021 according to Muslim Rites and Customs. No child was born out of the said wedlock. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 18.03.2022. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties were arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 17.08.2024 which is annexed as Annexure P-2 to the present petition. 9.

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 executed Deed of Dissolution of Marriage/Mubarat Deed dated 09.04.2025 which is annexed as Annexure P-3 to the present petition.

10.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 2.75 lacs to the respondent no.2 towards full and final settlement of all her claims on account of permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 1.75 lacs has already been paid by the petitioner no.1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 1 lac has been paid to the respondent no.2 today in the Court by the petitioner no.1 by way of Demand Draft bearing No.543799 dated 27.08.2025 issued by State Bank of India. 11.

The receipt of entire amount of Rs. 2.75 lacs is acknowledged by the respondent no.2, who is present in court.

12.

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

13.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

14.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 15.

Consequently, the petition is allowed and the FIR No.214/2024 under Sections 498A/406/34 IPC registered at Police Station Dayalpur alongwith all other proceedings emanating therefrom, is quashed. 16.

The petition stands disposed of in the above terms. 17.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J NOVEMBER 10, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.