Owais Ansari And ORS v. State Of NCT Of Delhi And ANR

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8115/2025 OWAIS ANSARI AND ORS.

.....Petitioners Through:

Mr. Sandeep Tyagi, Mr. Ashish Goyal, Mr.

Manoj Tyagi and Mr. Mayank Srivastava, Advocates with Petitioners in person.

versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Ms. Kiran Bairwa, APP for State with SI Banwari Lal, PS: Sarai Rohilla and Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 17.11.2025 CRL.M.A. 33875/2025 1.

Exemption allowed, subject to all just exceptions. 2.

Application is disposed of.

CRL.M.C. 8115/2025 3.

Petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 ("BNSS") has been filed on behalf of the Petitioners for quashing of FIR No.0475/2024 under Sections 316(2)785/3(5) BNS, 2023, registered at PS: Sarai Rohilla, Delhi and all consequential proceedings emanating therefrom, in terms of Mediation Settlement dated 17.07.2025. 4.

Learned APP for State appearing on advance Notice, accepts Notice. 5.

Brief facts of the case are that the marriage between Petitioner No.1/husband and Respondent No.2/wife was solemnized on 06.11.2022, according to Muslim rites and customs. No child was born out of the said The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

wedlock. Due to temperamental issues, Petitioner No.1/husband and Respondent No. 2/wife started residing separately since 07.09.2023. 6.

It is further submitted that on 22.08.2024, on complaint of Respondent No.2, FIR No.0475/2024 under Sections 316(2)785/3(5) BNS, 2023 was registered at PS: Sarai Rohilla, Delhi.

7.

It is submitted that the FIR was a consequence of the matrimonial disputes between Petitioner No.1/husband and Respondent No.2/wife. It is stated that the Petitioners and Respondent No. 2 have amicably settled all the disputes and differences between them vide Mediation Settlement dated 17.07.2025.

8.

The parties are present before this Court in-person today and have been identified by the Investigating Officer.

9.

In the Settlement, it was inter alia settled between the parties that Respondent No.2/wife and Petitioner No.1/husband shall dissolve their marriage by mutual consent as per Muslim rites and customs, within three months from the date of settlement, i.e. 17.07.2025. It is stated that Petitioner No.1/husband shall pay a total sum of Rs.17,00,000/- (out of which Rs.5,00,000/- were already paid on 01.07.2025 and Jewellery Articles) towards full and final settlement of all the claims in all respect i.e. towards past, present and future maintenance, permanent alimony, iddat, mehar etc. and alimony of Respondent No. 2/wife, in two instalments. 10.

It is also stated that Petitioner No.1/husband shall pay first instalment of Rs.5,00,000/- to Respondent No. 2/wife on the date of recording Mediation Settlement, i.e. 17.07.2025; and the second instalment of Rs.7,00,000/- shall be paid to Respondent No. 2 at the time of quashing the aforesaid FIR. It is also submitted that the parties shall withdraw all the proceedings pending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

against each-other.

11.

It is stated that Petitioner No.1/husband has already paid Rs.10,00,000/- to Respondent No.2/wife, which is acknowledged by her. The balance settled amount of Rs.7,00,000/- has also been paid today in the Court by way of Online Transfer in the account of Respondent No. 2, which is accepted by her.

12.

It is also stated that on 21.07.2025, the marriage between Petitioner No.1/husband and Respondent No. 2/wife, had been dissolved by mutual consent, Talaqnama as per Mutual Deed of Divorce under the Muslim law, i.e. Talaq-e-Mubarat.

13.

In view of Mediation Settlement dated 17.07.2025, present Petition has been filed.

14.

The parties have endorsed the amicable Settlement and accepted the terms thereof voluntarily and have undertaken to remain bound by the terms of the Settlement.

15.

The parties have submitted that all the disputes have been amicably settled vide Mediation Settlement dated 17.07.2025 and thus, no fruitful purpose will be served in continuing with the FIR No.0475/2024. 16.

The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of Mediation Settlement dated 17.07.2025 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 17.

Respondent No. 2 states that she has received all amounts due to her and has no objection if the FIR is quashed.

18.

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

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. 19.

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

20.

Consequently, FIR No.0475/2024 under Sections 316(2)785/3(5) BNS, 2023, registered at PS: Sarai Rohilla, Delhi and all consequential proceedings emanating therefrom are quashed.

21.

The Petition along with pending Application is disposed of. NEENA BANSAL KRISHNA, J.

NOVEMBER 17, 2025/R The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.