Mohd Rafi v. The State NCT Of Delhi & ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8044/2025 MOHD RAFI .....Petitioner Through:

Petitioner with his counsel Mr.

Muzzaffar Hussain Pasha, Adv.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for the State along with SI Munfaij PS Jamia Nagar.

R-2 with her counsel Mr Saif Ali & Mr Vikas Saini, Advs.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 14.11.2025 CRL.M.A. 33643/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8044/2025 3.

By way of the present petition, the petitioner is seeking quashing of FIR bearing no. 0449/2017, registered at Police Station Jamia Nagar, Delhi for the commission of offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter „IPC‟).

4.

The petitioner and respondent no. 2 are present before this Court in person. They have been identified by their counsels and concerned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Investigating Officer (IO) from Police Station Jamia Nagar, Delhi. 5.

Briefly stated, the facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 21.05.2010 as per the Muslim rites and customs and were living with each other. No child was born from their wedlock. After some time, due to different lifestyles and temperamental differences, both the parties could not reside together and since 08.11.2016, the petitioner and respondent no. 2 have started living separately from each other. Thereafter, on the complaint of respondent no.2, the present FIR was registered against the petitioner under the relevant sections. It is stated that both the parties have amicably settled the present matter vide Settlement Deed dated 09.05.2025, entered between them and are presently living together. 6.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that she has no objection if the present FIR is quashed. 7.

In view of the above fact that the parties have amicably resolved their differences out of their own free will, without any coercion and no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing No. 0449/2017, registered at Police Station Jamia Nagar, Delhi for the commission of offences punishable under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

9.

In view of the above, the present petition stands disposed of. 10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J NOVEMBER 14, 2025/A/GJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.