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High Court of DelhiCRL.M.C./8782/2025

Mohd Anwar v. The State NCT Of Delhi And ANR

2025-12-09Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8782/2025 MOHD ANWAR .....Petitioner Through:

Petitioner with his counsel Mr.

Mohammad Haroon, Adv.

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

Mr. Nawal Kishore Jha, APP for the State.

R-2 with her counsel Mr. S.S Singh and Mr Tarun Singh, Advocates.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 09.12.2025 CRL.M.A. 36619/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8782/2025 3.

By way of the present writ petition, the petitioner seeks quashing of FIR bearing no. 189/2012, registered at Police Station Gokal Puri, Delhi, for the commission of offence punishable under Sections 498/406/34 of Indian Penal Code, 1860 (hereafter 'IPC') and Section 4 of the Dowry Prohibition Act, 1961 and the proceedings emanating therefrom. 4.

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

(IO) from Police Station Gokal Puri, Delhi.

5.

Brief facts of the present case are that the marriage between the petitioner and respondent no. 2 was solemnized on 27.01.2010, as per Muslim rites and customs. It is stated that one male child, namely, Shaban, was born out of the said wedlock, who is presently in the custody of respondent no. 2. Due to temperamental differences, parties have been residing separately since 27.11.2011. It is stated that on the complaint of respondent no. 2, the present FIR was registered against the petitioner. 6.

During pendency of the case, both the parties had amicably settled their disputes vide Compromise Deed dated 24.04.2025. The complainant is present in person alongwith her counsel, who states that she has received the balance compromise amount of Rs.1,50,000/-, by way of Demand Draft bearing Nos. 839602, dated 09.10.2025, drawn on UCO Bank 7.

This Court notes that the custody of minor children is with respondent no. 2 and the future right of the child will not be affected by virtue of this compromise.

8.

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

9.

The learned counsel for the petitioner submits that the affidavits showing the protection of interest of minor child, as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787 passed by the Hon'ble Supreme Court, have been filed and the same are on record. 10.

In view of the above fact that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

differences of their own free will, and without any coercion, 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. 11.

Accordingly, FIR bearing no. 189/2012, registered at Police Station Gokal Puri, Delhi, for the commission of offence punishable under Sections 498/406/34 of IPC and Section 4 of the Dowry Prohibition Act, 1961 and all consequential proceedings emanating therefrom are quashed. 12.

In view of above, the present petition stands disposed of. 13.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J DECEMBER 09, 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.