Asif & ORS. v. State NCT Of Delhi And ANR
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1047/2025, CRL.M.A. 4811/2025, CRL.M.A. 15002/2025 ASIF & ORS.
.....Petitioner Through:
Mr. Cheena Sharma, Ms. Nandita Rao, Mr. Jai Shankar, M.r Manoj Kumar Makhija and Mr. Yogesh Choudhry, Advocates.
versus STATE NCT OF DELHI AND ANR .....Respondent Through:
Mr. Shoaib Haider, Ld. APP for the State with SI Hermant P.S. Paschim Vihar and SI Praham Prakash P.S.
Sultanpuri.
Mr. Chetan Kaushik and Mr. Ashish Kaushik, Advocates for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 29.07.2025 1.
The present Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners seeking to quash the FIR No. 149/2021 registered under Sections 498A/406/506/323/34 of the Indian Penal Code, 1860 at Police Station Sultan Puri, Delhi. 2.
Brief facts of the case are that on the basis of a Complaint of Respondent No.2/wife with Police of Police Station Sultan Puri, an FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
No.149/2021 under Sections 498A/406/506/323/34 IPC was registered against the Petitioners who are the husband, brother-in-law, mother-in-law, sister-in-law and brother-in-law respectively of the Complainant. 3.
It is stated that the Chargesheet was filed in the Court by the I.O and during the trial the matter was referred to the Counselling Cell, Rohini courts, Delhi wherein vide Settlement dated 26.09.2024 it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by mutual consent as per Shariat Law. It is stated that petitioner No. 1/husband shall pay a sum of Rs. 4,30,000/- to the respondent No. 2/wife towards full and final amount of all the claims of the respondent No. 2/wife. It is also stated that the petitioner No. 1 has already paid Rs. 2,00,000 to respondent No. 2/wife at the time of Divorce as per Shariat Law on 26.10.2024.
4.
It is further stated that the remaining amount of Rs.2,30,000/- shall be paid by the petitioner No. 1/husband at the time of quashing of FIR No. 149/2021.
5.
It is also stated that on 03.08.2023, the marriage between petitioner No. 1 and respondent No. 2 had been dissolved as per Shariat law and talaqnama has been executed.
6.
In view of the Compromise Deed dated 26.09.2024, the present petition has been filed.
7.
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.
8.
The third installment of Rs. 2,30,000/- has been paid to the respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
No. 2/wife by the petitioner No. 1 today in the Court via Demand Draft No.276229 dated 24.07.2025 drawn on Indian Bank, Rohini, Sector-24, and the same has been confirmed by the respondent No. 2/wife. 9.
The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 24.07.2025 and thus, no fruitful purpose will be served in continuing with the FIR. 10.
The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 24.07.2025 and they also submit that the said Compromise Deed has been arrived at between the parties without any pressure and coercion. 11.
Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and 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, I am of the opinion that 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 bearing No. 149/2021 registered at Police Station Sultan Puri, for offences punishable under Sections 498A/406/506/323/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
therefrom are quashed.
15.
The petition stands disposed of.
NEENA BANSAL KRISHNA, J JULY 29, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.