High CourtsSingle Bench

Mohd. Wahid & Ors vs State Of Nct Delhi & Anr.

Delhi High Court · Decided on 4 May 2026 · Citation: (2026) 05 DEL CK 0097

HON’BLE JUDGES
Manoj Jain, J
ACTS & SECTIONS REFERRED
Bhartiya Nagarik Suraksha Sanhita, 2023 — Section 528 · Indian Penal Code, 1860 — Section 34, 406, 498A · Protection of Women from Domestic Violence Act, 2005 — Section 12
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 475 Of 2026 & Criminal Miscellaneous Application No. 1916, 1917 Of 2026
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Judgment

16 paragraphs · 573 words

Manoj Jain, J

1.

Petitioners herein seek quashing of FIR No. 0311/2025 dated 13.10.2025, registered at Police Station Hauz Qazi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2.

Petitioner No.3 herein got married to respondent No.2 on 31.12.2023, as per Muslim customs and rites.

3.

There is no child from the abovesaid wedlock.

4.

On account of some temperamental differences and incompatibilities, the parties started residing separately and when a report was made to the police by respondent No.2, it resulted into registration of the abovesaid FIR. 5. Charge-sheet has already been filed though trial is yet to begin.

6.

In the interregnum, the parties have entered into settlement vide Settlement Deed dated 25.10.2025, and both the parties have been able to resolve all their disputes and have also decided to part ways, gracefully.

7.

Respondent No.2 is present in person and she has been duly identified by her counsel as well as by Investigating Officer.

8.

When asked, she reiterated the terms of the settlement and submitted that as per the settlement, she has accepted a sum of Rs.17 lacs towards full and final settlement. She has received the entire amount and last payment of Rs.14 lacs was received by her on 30.04.2026. Respondent No.2 submits that they have already executed khulanama and their marriage stands dissolved after the execution of such khulanama. She also submits that she had filed a complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 and such complaint has already been withdrawn by her in terms of abovesaid settlement and submits that she has entered into settlement without any pressure, coercion and undue influence and, therefore, submits that she would have'no objection'if FIR in question is quashed.

9.

Petitioner No.2-Shabab @ Babli is not present in Court today as she is indisposed and petitioner No.3-Faizan i.e. the husband of the respondent is, reportedly, abroad and is represented through his father i.e. petitioner No.1. 10. Respondent No.2, however, submits that her certain clothes and utensils are still lying with the petitioners and requests that these may be directed to be returned.

11.

Learned counsel for the petitioners, on instructions, submits that the needful shall be done.

12.

Let the abovesaid exercise be conducted at the police station in the presence of the concerned S.H.O/I.O. within two weeks.

13.

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.

14.

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.

15.

Consequently, to secure the ends of justice, FIR No. 0311/2025 dated 13.10.2025, registered at Police Station Hauz Qazi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits of the parties alongwith Settlement Deed dated 24.10.2025, copies of which have been placed on record in the present proceedings, shall also be furnished to the learned Trial Court within further two weeks.

16.

The petition stands disposed of in aforesaid terms.

17.

Pending applications also stand disposed of in aforesaid terms.