Delhi High Court
Rizwan Ahmad And Ors. vs State Govt. Of Nct Of Delhi And Anr. on 21 April, 2025
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.04.2025
,,,,,,,,,,
+ CRL.M.C. 10101/2024
RIZWAN AHMAD & ORS. .....Petitioners
Through: Mr. Wasim Ansari, Advocate.
versus
STATE (GOVT OF NCT OF DELHI) & ANR. ....Respondents
Through: Mr. Satinder Singh Bawa, APP
with SI Sadhna, PS-Mangol
Puri.
Mr. Ansar Ahmad, Advocate
for R-2 with R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bhartiya Nagrik
Suraksha Sanhita, 2023 seeking quashing of FIR No. 1195/2023, dated
29.11.2023, registered at P.S Mangol Puri under sections 498/406/34
IPC and all proceedings emanating therefrom on the basis of
settlement between the parties.
2. The marriage between Petitioner No.1 and Respondent No.2
was solemnized on 02.04.2013 as per Muslim rites and ceremonies.
One child namely Izaan Ahmad was born out of the said wedlock on
07.06.2014. It is submitted that due to temperamental differences, the
couple started living separately from 11.07.2022. The Petitioner No.1
lodged FIR No. 1037/2023 under sections 379/406/494/420/34 IPC,
registered at PS Civil Line, District Moradabad, UP. Thereafter, the
Respondent No.2 filed a petition under section 12 of the DV Act and a
complaint which culminated into the registration of FIR No.
1195/2023 against Petitioner No. 1 and his family members.
3. During the pendency of the proceedings, the parties were
referred to mediation by the Court of Ld. JMFC, Mahila Court-01,
Rohini Courts, Delhi where they amicably settled their disputes/claims
before the Mediation Centre, Rohini Courts, Delhi vide Settlement/
Agreement dated 04.12.2024. In pursuance of the Settlement, the
parties have already parted ways by taking mutual divorce as per
Muslim Law thereby dissolving the marriage between the Petitioner
No.1 and Respondent No.2 on 10.12.2024. The final instalment of Rs.
10,00,000/- bearing DD No. 887396 drawn on Punjab National Bank,
Moradabad, UP is handed over by the Petitioner No.1 to the
Respondent No.2 in court today. It is submitted that all conditions of
the Settlement Agreement have been fulfilled including the payment
of the total settlement amount of Rs. 18,50,000/- as per the schedule
mentioned in the Settlement Agreement. The copy of Settlement
Agreement dated 04.12.2024 has been placed on record as Annexure
P-3.
4. Petitioner nos. 1 to 3, 6 and respondent no. 2 are physically -
present before the Court while Petitioner nos. 4, 5, 7 and 8 have
entered their appearance through VC. They have been identified by
their respective counsels as well as by the Investigating Officer SI
Sadhna, from PS Mangol Puri.
5. Respondent No.2 submits that the matter has been settled with
the petitioners without any force, fear, coercion and she has received
the payment of the entire settlement amount of Rs. 18,50,000/- from
Petitioner No.1 as mentioned in the Settlement Agreement dated
04.12.2024. She also acknowledges the receipt of the final instalment
of Rs. 10,00,000/- bearing DD No. 887396 drawn on Punjab National
Bank, Moradabad, UP from Petitioner No.1 in court today. She further
submits that she has no objection if the FIR No. 1195/2023 is quashed
against the petitioners.
6. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 1195/2023 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Court has recognized the need of amicable resolution of
disputes by observing as under:-
"61. In other words, the High Court must consider whether it would
be unfair or contrary to the interest of justice to continue with the
criminal proceedings or continuation of criminal proceedings
would tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put
to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceedings."
8. In view of the aforesaid circumstances and the fact that parties
have put a quietus to the dispute, no useful purpose will be served in
continuing with the present FIR No. 1195/2023, dated 29.11.2023,
registered at P.S Mangol Puri under sections 498/406/34 IPC and all
the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
1195/2023, dated 29.11.2023, registered at P.S Mangol Puri under
sections 498/406/34 IPC and all the other consequential proceeding
emanating therefrom is hereby quashed.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
APRIL 21, 2025/NA/ak
