Delhi High Court
Mohd Asif & Ors vs The State Gnct Of Delhi Through Sho Ps ... on 1 August, 2025
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 01.08.2025
,,,,,,,,,,
+ CRL.M.C. 1204/2025
MOHD. ASIF & ANR. .....Petitioners
Through: Mr. Arshad Ahmad, Adv. along
with petitioners in person.
versus
THE STATE (GNCT OF DELHI) THROUGH SHO, PS
SARAI ROHILLA & ANR .....Respondents
Through: Mr. Hitesh Vali, APP for the
State with ASI Ravinder & ASI
Ashok Kumar, PS Sarai
Rohilla.
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 Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking quashing of FIR No. 0125/2017,
dated 12.04.2017, registered at P.S Sarai Rohilla under sections
498A/406/34 IPC and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. It is submitted that marriage between Petitioner No.1 and
Respondent No.2 was solemnized on 26.08.2012 as per Muslim rites
and ceremonies at Ghaziabad. A male child was born from the said
wedlock on 07.05.2013. It is submitted that due to temperamental
differences, the couple started living separately since November 2016.
Thereafter, Respondent No.2 filed a complaint under section 12 of DV
Act and also lodged the aforesaid FIR against the Petitioner No.1 and
his family members. The charge sheet was filed under sections
498A/406/34 IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement Deed dated 24.01.2025. Prior to
the settlement, the parties dissolved their marriage vide deed of
divorce (talaq-e-ahsan) on 11.08.2024 which is annexed as Annexure
P-12. It is submitted that all the previous complaints and litigations
initiated by the parties has been withdrawn. The copy of Settlement
Deed dated 24.01.2025 has been placed on record as Annexure P-13.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer ASI Ravinder & ASI Ashok Kumar from PS Sarai Rohilla.
5. Respondent No.2 confirms that the matter has been settled with
the Petitioner without any force, fear, coercion and she has willfully
agreed to live together with the Petitioner again. She further submits
that she has no objection if the FIR No. 0125/2017, dated 12.04.2017,
registered at P.S Sarai Rohilla is quashed against the Petitioner.
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. 0125/2017, dated 12.04.2017, registered at P.S Sarai
Rohilla along with charge sheet 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. 0125/2017, dated 12.04.2017,
registered at P.S Sarai Rohilla and all the other consequential
proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
0125/2017, dated 12.04.2017, registered at P.S Sarai Rohilla along
with charge sheet 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
AUGUST 01, 2025/AK
