Shamshad & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8703/2025 SHAMSHAD & ORS.

.....Petitioners Through:

Mr. Nafees Ahmed and Mr. Raj Kumar, Advs. with petitioners in person.

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

Ms. Richa Dhawan, APP for State with SI Sukhpal Singh PS Khajuri Khas.

Ms. Richa Sharma, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 05.12.2025 CRL.M.A. 36321/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8703/2025 3.

The present petition has been filed under Section 528 of BNSS seeking quashing of FIR No. 582/2023 under Sections 498A/406/34 IPC registered at P.S. Khajuri Khas, Delhi and all consequential proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

emanating therefrom, on the ground that the parties have arrived at a settlement.

4.

Issue notice. Ms. Richa Dhawan, learned APP for the State accepts notice.

5.

Petitioner no.1 (former husband), petitioner nos. 2 to 9, who are close relatives of petitioner no.1, as well as, respondent no.2 (former wife) are present in Court. They have been identified by their respective counsels, as well as, by Investigating Officer SI Sukhpal Singh PS Khajuri Khas. 6.

The brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 27.09.2013 according to Muslim Rites and Customs. Out of the said wedlock, two children born out, who are in the care and custody of respondent no.2.

7.

On account of temperamental issues, certain disputes arose between the parties and they started living separately since September, 2021. The dispute between the parties also led to the registration of the present FIR. 6.

During pendency of the proceedings the parties were referred to Delhi Mediation Centre, Karkardooma Courts, New Delhi where the parties have arrived at a settlement, terms whereof were reduced in writing in the form of mediation settlement dated 30.04.2025, copy of which is annexed as Annexure-P-2 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, petitioner no.1 and respondent no.2 have obtained divorce through divorce deed dated 15.07.2025, which is annexed as Annexure P-3 to the present petition.

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

8.

It is a term of the settlement between the parties that the petitioners shall pay a total sum of Rs.4,25,000/- to the respondent no.2 towards full and final settlement of all her claims on account of mehar, iddat, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of which an amount of Rs. 2,25,000/- has been paid by the petitioner no.1 to respondent no.2 in the manner stated in the settlement. Balance amount of Rs.2,00,000/- has been paid today in the Court in the following manner: (i) Rs. 1,00,000/- by way of Demand draft bearing No. 842397 dated 10.09.2025 issued by UCO Bank;

(ii) Rs. 50,000/- deposited in Account No. 20780311900016, Kuber Yojana Scheme in UCO Bank dated 12.11.2025 vide S.No. 398158.

(iii) Rs. 50,000/- deposited in Account No. 20780311900023, Kuber Yojana Scheme in UCO Bank dated 12.12.2025 vide S.No 398159.

9.

The receipt of entire amount of Rs.4,25,000/- is acknowledged by respondent no.2, who is present in court.

10.

Respondent no.2, on a query posed by the Court, states that she does not wish to prosecute criminal proceedings any further and has no objection in case the FIR is quashed.

11.

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.

12.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.

Consequently, the petition is allowed and the FIR No. 582/2023 under Sections 498A/406/34 IPC registered at P.S. Khajuri Khas, Delhi alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

all other proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. 15.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J DECEMBER 5, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.