Saiyed Eshak Ali & ORS. v. State NCT Of New Delhi & ANR.
$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 47/2025, CRL.M.A. 216/2025 SAIYED ESHAK ALI & ORS.
.....Petitioner Through:
Mr. Sanjay Kumar, Advocate along with the Petitioners in person.
versus STATE NCT OF NEW DELHI & ANR.
.....Respondent Through:
Mr. Ajay Vikram Singh, Ld. APP for the State with SI Jagmohan and SI Paramjeet P.S Ranhola.
Mr. S. Khan, Advocate for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 03.03.2025 1.
A Petition under Section 528 BNSS has been for quashing of the FIR No.435/2022 registered under Section 498A/406/34 IPC at Police Station Ranhola, Outer District, Delhi.
2.
Issue notice.
3.
Mr. Ajay Vikram Singh, learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State. 4.
Brief facts of the case are that the marriage was solemnized between petitioner No. 1/husband and respondent No. 2/wife on 15.12.2013, according to the Muslim rites and ceremonies and one child Arman Ali was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
born out of the said wedlock.
5.
It is further submitted that on 10.05.2022, on the complaint of the respondent No. 2 before CAW Cell, an FIR bearing No.435/2022, for the offence under Section 498A/406/34 IPC, got registered at Police Station Ranhola outer Delhi District, Delhi.
6.
It is stated that the petitioner No. 1 and the respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement before the Mediation Centre, Dwarka Courts vide Settlement Deed dated 12.04.2024 wherein it was inter alia settled between the parties that they shall live together as husband and wife with their son Arman Ali and that Petitioner No.2 Farida Begum shall transfer 25% of share of the property bearing Plot No.A-2/77-78 Blk.R-111, Right side, Near Noori Masjid, Uttam Nagar, West Delhi to her grandson Arman Ali. 7.
In view of the Settlement Deed dated 12.04.2024, the present Petition has been filed.
8.
The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily. The parties state that they have reconciled all the differences and have decided to reside together in terms of the mediated Settlement dated 12.04.2024. The parties further states that they are residing together since 12.04.2024 amicably without any difference and complaints. 9.
The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 12.04.2024 and thus, no fruitful purpose will be served in continuing with the FIR.
10.
The present Petition has been signed by the petitioner and is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
supported by his affidavit. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed dated 12.04.2024 and they also submit that the said Settlement Deed dated 12.04.2024 has been arrived at between the parties, without any pressure and coercion. The Statements of the parties have already been recorded before the learned Joint Registrar on 22.01.2025. The parties undertake to remain bound by the terms of the Settlement dated 12.04.2024.
11.
Today, the respondent No. 2/wife, who is present in the Court, states that she has no objection if the FIR is quashed. 12.
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 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. 13.
Moreover, there is no legal impediment in quashing the FIR in question.
14.
Accordingly, FIR No. 435/2022 for the offence punishable under Sections 498a/406/34 IPC, registered at Police Station Ranhola outer Delhi District, Delhi and all consequential proceedings emanating there from are quashed.
15.
The Petition stands disposed of.
NEENA BANSAL KRISHNA, J MARCH 3, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.