Aatif Khan & Ors vs State Nct Of Delhi & Anr

Manoj Jain, J

Petitioners herein seek quashing of FIR No.700/2021 dated 17.12.2021, registered at Police Station Welcome, Delhi, for commission of offences under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties.

The marriage between petitioner No.1 and respondent No.2 was solemnized on 24.03.2019, as per Muslim rites and ceremonies. No child is born from the abovesaid wedlock.

However, on account of some temperamental differences between the parties, they started residing separately since 17.01.2020 and on the basis of report lodged by respondent no. 2, abovesaid FIR was registered.

Though charge-sheet has already been filed but charges have yet not been ascertained.

Fact, however, remains that both the parties have been able to amicably settle all their matrimonial disputes and have agreed to part ways in a graceful manner and such settlement terms have been reduced in writing vide Compromise Deed dated 02.05.2026.

It is in the abovesaid backdrop that the quashing is being sought. 7. All the seven petitioners are present in Court.

Respondent is also present in Court alongwith her brother and she has been duly identified by her counsel and the Investigating Officer, who are present in Court.

When asked, respondent No.2 submitted that the matter has been amicably settled and she reiterated the terms of settlement as recorded in Compromise Deed dated 02.05.2026. She submits that relationship between her and her husband got strained because of incompatibility issues and now the matter has been amicably settled and, therefore, she would have no objection if the present FIR is quashed. She also submits that she has entered into the abovesaid settlement without any threat, coercion and undue influence from any corner whatsoever. She submits that talaq has already been pronounced by way of single talaq on 14.09.2024 in the presence of witnesses and the abovesaid talaq has become absolute and irrevocable after the completion of period of Iddat. She submits that she has already received the amount of Dower(Mahr) as per the terms of settlement. She also submits that there was one more case between the parties i.e. FIR No.70/2022, registered at P.S. Ganj, District Rampur, U.P. and said matter has also got quashed in terms of the amicable settlement between the parties and quashing order has been passed by Hon'ble Allahabad High Court on 02.02.2026. She submits that the other cases related to the marriage in question have already been withdrawn. She also submits that though there are some allegations with respect to outraging of modesty etc. against her in-laws but in view of the amicable settlement, she does not want to proceed further with the matter and reiterates that FIR was registered, primarily, on the basis of incompatibility between her and her husband.

In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.

Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR. 12. Consequently, to secure the ends of justice, FIR No.700/2021 dated 17.12.2021, registered at Police Station Welcome, Delhi, for commission of offences under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, along with all consequential proceedings emanating therefrom, is hereby, quashed. Original affidavits of the parties, copies of which have been placed on record in the present proceedings as well as Compromise Deed dated 02.05.2026 shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

The petition stands disposed of in aforesaid terms.

Pending application also stands disposed of in aforesaid terms.