Mohd Jafar Ahmad And ORS v. The Staete Of NCT Of Delhi And ANR

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8760/2025, CRL.M.A. 36520/2025 MOHD JAFAR AHMAD AND ORS.

.....Petitioners Through:

Mr.

Kartickay Mathur, Mr.

Shanker, Mr. Devender Dubey and Mr. Ratnesh Srivastava, Advocates with petitioners in person

Versus

THE STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Hitesh Vali, APP for State with ASI Arvind Kumar, PS: Burari Mr. Brajesh Kumar Yadav and Mr.

Akshay Kumar, Advocates for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.03.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.970/2021 dated 22.11.2021 registered at PS: Burari under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Memorandum of Understanding dated 30.06.2025 [Annexure P3] arrived at between the petitioners and the respondent no.2, which is accompanied by their respective proofs of identity.

2.

Issue notice.

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

3.

Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 4.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Memorandum of Understanding dated 30.06.2025 whereby the petitioners had already paid her a sum of Rs.2,00,000/- out of the total settlement amount of Rs.3,00,000/-, and have further handed over a cheque dated 18.10.2025 bearing No.638869 of Rs.1,00,000/- (State Bank of India, Branch-Kanjhawla) in Court to her today as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. She further submits that her marriage with the petitioner no.1 has since been dissolved, and she has no objection to the quashing of the aforesaid FIR.

5.

The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the IO. 6.

Facts disclose that a settlement has already been arrived voluntarily between the parties and the present petition is accompanied by their respective affidavit(s). In view thereof, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. As such, following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. vs. Babita Raguvanshi & Anr. (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioners will be an exercise in futility.

7.

As such, the present petition is allowed and FIR No.970/2021 dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

22.11.2021 registered at PS: Burari under Sections 498A/406/34 IPC and all proceedings emanating therefrom are hereby quashed. 8.

Accordingly, the present petition alongwith the pending application is disposed of.

SAURABH BANERJEE, J MARCH 13, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.