Delhi High Court
Faeem Ahmad And Ors vs The State Govt Of Nct Of Delhi And Anr on 29 April, 2025
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 29.04.2025
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+ CRL.M.C. 2241/2025
FAHEEM AHMAD & ORS. .....Petitioners
Through: Mr. Raj Kumar Jain, Adv along
with Petitioner nos.1-6 in
person.
versus
STATE (NCT OF DELHI) & ANR. ... Respondents
Through: Mr. Satinder Singh Bawa, APP
with Inspector Sandeep, PS-
Bhajan Pura.
Mr. Rahul Kumar, Adv. for R2
along with R2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking quashing of FIR No. 0260/2018,
dated 19.05.2018, registered at P.S Bhajan Pura under sections
498A/406 IPC and sections 3/4 of the Dowry Prohibition Act, 1961
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 27.05.2015 as per Muslim rites and ceremonies at
Delhi. No child was born out of the said wedlock. It is submitted that
due to temperamental differences, the couple started living separately
since 21.02.2016. Thereafter, Respondent No.2 filed a petition for
maintenance under section 125 Cr.P.C., an execution petition No.
461/2023 and also lodged the aforesaid FIR against Petitioner No. 1
and his family members. The Petitioner No.1 filed petition in case MT
No. 516/2024 under section 127(1) Cr.P.C. against the Respondent
No.2.
3. During the proceedings, the parties were referred to mediation
by the Family Court, Karkardooma Courts, Delhi where they amicably
resolved their disputes and executed a Compromise/Settlement Deed
dated 30.01.2025. In pursuance of the Settlement, the parties have
dissolved their marriage by a mutual divorce deed/Talaaqnama dated
15.02.2025. It is submitted that all the previous complaints and
litigations initiated by the parties has been withdrawn and all
conditions of the Settlement have been fulfilled including the payment
of the total settlement amount of Rs. 8,00,000/- (Rupees eight lacs) as
per the schedule mentioned in the Settlement Deed. The copy of
Compromise/Settlement Deed dated 30.01.2025 has been placed on
record as Annexure P-3.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"02.04.2025
Today, statement of respondent no. 2 has been recorded to
ascertain the veracity and the genuineness of the parties entering
into settlement.
Respondent no. 2 lodged FIR No. 0260/2018, Under Section
498-A/406/34 IPG. was registered at PS Bhajanpura Delhi, Delhi
and charge sheet has been filed in this case.
Respondent no. 2 states that she has voluntarily and without
any pressure or coercion from anyone and after obtaining due legal
advice settled all her issues and disputes with the petitioners and
out of her free will have entered into Mediation Settlement dated
31.01.2025 with the petitioners, which is on record as Annexure P-
3 at page 59 to 66 bearing her signatures.
As per the settlement, Respondent no. 2 has already
received entire settlement sum of Rs. 8,00,000/-, Respondent no. 2
has no objections, if the FIR No. 0260/2018, Under Section 498-
A/406/34 IPG, registered at PS Bhajanpura Delhi, Delhi and all
proceedings emanating there from are quashed against the
petitioner.
This settlement amount is towards settlement of all her
articles and Stridhan as well as towards her alimony and
maintenance past, present and future whatsoever and Respondent
no. 2 shall not claim anything in this regards in future by way of
any litigation. Respondent no. 2 shall abide by all the terms of the
settlement and fully cooperate in quashing of the present FIR.
There is no child born out the wedlock.
As per the terms of the settlement. Respondent no. 2 has
already withdrawn all other cases instituted by Respondent no. 2
against the petitioner. Respondent no. 2 further states that she
undertakes to withdraw any other case, if any remaining.
The petitioner has already divorce me in accordance with
Muslim personal Law. The Talaqnama/mutual divorce deed is on
record at page 76 onwards.
Now, Respondent no. 2 has no objection whatsoever if the
present FIR against the petitioner is quashed and Respondent no. 2
shall fully cooperate in quashing of the present FIR and raise no
claim in future through any civil or criminal litigation with regards
to the incident relating to the present FIR. Respondent no. 2 has
also given her affidavit in support of the present petition which is at
page no. 37-39 of the petition bearing her signatures.
Respondent no. 2 has been identified by his counsel.
This pre verified report along with the petition may be
placed before the Hon'ble Court on 29th April, 2025 alongwith the
statements recorded today.
5. Petitioner Nos.1-6 and the respondent no.2 are physically
present before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer Inspector Sandeep
from PS Bhajan Pura.
6. 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. 8,00,000/- from the
Petitioner No.1 as per the schedule mentioned in the
Compromise/Settlement Deed dated 30.01.2025. She further submits
that she has no objection if the FIR No. 0260/2018 alongwith charge
sheet is quashed against the petitioners.
7. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 0260/2018 alongwith charge sheet is quashed.
8. 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."
9. 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. 0260/2018, dated 19.05.2018,
registered at P.S Bhajan Pura under sections 498A/406 IPC and
sections 3/4 of the Dowry Prohibition Act, 1961 and all the other
consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and the FIR No.
0260/2018, dated 19.05.2018, registered at P.S Bhajan Pura under
sections 498A/406 IPC and sections 3/4 of the Dowry Prohibition Act,
1961 along with the charge sheet and all the other consequential
proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
APRIL 29, 2025/ak
