Ziyadh Shait & Ors. vs State Of Nct Of Delhi & Anr

Manoj Jain, J

Petitioners herein seek quashing of FIR No.0228/2022 dated 05.02.2022, registered at Police Station Laxmi Nagar, Delhi, 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.

Petitioner No. 1 got married to respondent No. 2 on 25.04.2019 in Delhi, as per Muslim rites and ceremonies. No child is born from the abovesaid wedlock.

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.

Fact, however, remains that in relation aforesaid matter, when parties were referred to Mediation, they were able to resolve all their disputes under the aegis of Delhi Mediation Centre, Saket Courts, New, Delhi vide Mediation Order dated 22.09.2025.

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

Respondent No. 2 is present in person along with her counsel. Investigating officer is also present and duly identifies respondent No.2.

As per terms of settlement, respondent no. 2 is ready to accept a total sum of Rs. 6 lacs towards her Mahr, mataa (alimony), nafaqah (maintenance) (past, present and future) etc. She submits that she has already received a sum of Rs. 3,00,000/- and balance amount of Rs. 3,00,000/- has also been received by her today through online mode before, commencement of the present proceedings.

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. She also submits that as per Settlement Agreement dated 22.09.2025, their marriage has already been dissolved by way of pronouncement of talaq as per Personal Law i.e. Shariyat Law.

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.0228/2022 dated 05.02.2022, registered at Police Station Laxmi Nagar, Delhi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 25,000/- in the account of Delhi High Court Legal Services Committee within four weeks from today. Proof of deposit of cost and original affidavits of the parties shall be submitted before the learned Trial Court within further two weeks.

12.The petition stands disposed of in aforesaid terms.