Nisaar Ahmed & Ors. vs State Govt. Of Nct Of Delhi And Anr.

Manoj Jain, J

Petitioners herein seek quashing of FIR No.300/2016 dated 02.09.2016, registered at Police Station Karawal Nagar, for commission of offences under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 (DV Act), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. Petitioner No. 1 got married to respondent No. 2 on 02.02.2000 in Delhi, as per Muslim rites and ceremonies.

However, 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.

Charge-sheet has already been filed. The petitioner No.1/husband was sent up to face trial and the rest of the accused were put in Column No.12. Learned Trial Court has already ascertained the charges and charges have been framed against the husband-accused only for offences under Sections 498A/406 IPC and Section 4 of Dowry Prohibition Act, 1961 (DV Act).

The next date of hearing before the learned Trial Court is stated to be 01.09.2026.

Fact, however, remains that since the other accused persons were also shown in Column No.12, the present petition has been filed by all of them, seeking quashing of abovesaid FIR based on settlement.

When the parties were referred to Mediation, by the concerned Court, they were able to resolve all their disputes under the aegis of Delhi Mediation Centre, Karkardooma Courts, New, Delhi vide Mediation Order dated 11.02.2026.

Respondent No. 2 is present in Court alongwith her counsel. Investigating officer is also present and duly identifies respondent No.2.

When asked, respondent No. 2 reiterated the terms of such settlement and submitted that their marriage has already been dissolved by way of pronouncement of talaq as per Personal Law i.e. Shariyat Law. She submits she has accepted a total sum of Rs. 4.5 lac towards her Mahr, iddat, alimony, maintenance (past, present and future) etc and has already received a sum of Rs. 2 lacs and balance amount of Rs. 2.5 lacs has also been received by her today through Demand Draft dated 04.02.2026 drawn on Central Bank of India. She submits that she has entered into settlement of her own free-will and without any pressure, force, coercion and undue influence from any corner whatsoever and, therefore, she would have'no objection'if FIR in question is quashed. Three sons are born from the abovesaid wedlock while two such sons i.e. Zaid and Faiz have already attained majority, the custody of the minor child-Ayan shall remain with respondent No.2/mother.

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.300/2016 dated 02.09.2016, registered at Police Station Karawal Nagar, for commission of offences under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 (DV Act), along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 10,000/- in the account of Delhi High Court Legal Services Committee (DHCLSC) within four weeks from today.

Proof of deposit of cost, Original MoU as well as original affidavits of the parties shall be submitted before the learned Trial Court by the next date fixed before it.

The petition stands disposed of in aforesaid terms.

Pending application also stands disposed of in aforesaid terms.