Mohd Ateeque & Ors vs State Of Nct Delhi & Anr

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 19/2025 dated 09.01.2025, registered at Police Station Badar Pur, Delhi, for commission of offences under Sections 85/316(2)/351/(2)/351(3)/3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 498A/406/506/34 IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

Petitioner No. 1 got married to respondent No. 2 on 05.11.2023 in Delhi as per Muslim rites and customs.

On account of some matrimonial discord and temperamental differences, respondent No. 2 reported the matter to the police which resulted in registration of aforesaid FIR.

Fact, however, remains that in relation to bail applications, when parties were referred to Mediation Centre, Saket Courts, New, Delhi, parties were able to resolve all their disputes under the aegis of Mediation Centre, Saket Courts, New, Delhi vide Mediation Order dated 20.03.2025.

Respondent No. 2 is present in person along with her counsel. Investigating officer is also present. She has been duly identified by her counsel and investigating officer.

As per terms of settlement, respondent no. 2 is ready to accept a total sum of Rs. 6 lacs towards her istridhan, alimony, maintenance (past, present and future). She submits that she has already received a sum of Rs. 5,80,000/- and balance amount of Rs. 20,000/- has been handed over to her in cash today.

Though charge-sheet has been filed, fact remains that charges have yet not been ascertained.

When asked, respondent No. 2 submitted that she has entered into settlement of her own free Will and without any pressure, force, coercion and undue influence from any corner whatsoever. She reiterates the terms of settlement and submits that she would have no objection if FIR in question is quashed.

During course of consideration, a copy of attested agreement of even date has been placed on record and according to the aforesaid document, there is divorce between petitioner No. 1 and respondent No. 2, with the final pronouncement made on 16.04.2026. Original has also been shown. Copy thereof is taken on record. Aforesaid fact of divorce (talaq) has also been confirmed by the parties, including respondent No. 2.

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 Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

Consequently, to secure the ends of justice FIR No. 19/2025 dated 09.01.2025, registered at Police Station Badar Pur, Delhi, for commission of offences under Sections 85/316(2)/351/(2)/351(3)/3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 498A/406/506/34 IPC), along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners' depositing total cost of Rs. 20,000/- in the account of Delhi High Court Legal Services Committee within four weeks from today. Proof of deposit of cost and original affidavits and original agreement dated 17.04.2026 of the parties shall be submitted before the learned Trial Court within further two weeks.

The petition stands disposed of in aforesaid terms. 14. Pending application also stands disposed of.