Delhi High Court
Aashiq Hussain @Aasif@ Asif And Ors vs State Govt Of Nct Delhi And Anr on 11 August, 2025
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11.08.2025
+ CRL.M.C. 5443/2025 & CRL.M.A. 23347/2025
EXEMPTION
AASHIQ HUSSAIN @AASIF
@ASIF AND ORS. .....Petitioners
Through: Mr. Gul Afroz, Advocate.
Petitioners in person.
versus
STATE GOVT. OF NCT DELHI AND ANR. ... Respondents
Through: Mr. Hitesh Vali, APP with SI
Bharat Singh & ASI Rajesh, PS
Uttam Nagar.
Respondent No. 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, seeking quashing of FIR No. 691/2022, dated
31.10.2022, registered at P.S Uttam Nagar, Delhi under Sections
498A/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
solemnized on 03.06.2020 as per Muslim rites and ceremonies. A boy
child was born out of the said wedlock. As per averments made in the
FIR, Respondent No. 2 was subjected to physical and mental
harassment on account of dowry demands by the petitioners. FIR No.
691/2022 was lodged at instance of Respondent No. 2 under section
498A/406/34 IPC against petitioners. Charge sheet has since been
filed under Section 498A/406/34 IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Settlement Deed dated 07.02.2025 at
Mediation Centre, Dwarka Courts, New Delhi. In view of the
aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have
started living together. It is submitted that Petitioner No. 1 shall bear
all household expenses, educational expenses of their child and agrees
to pay a sum of Rs. 1,500/- (Rupees One Thousand Five Hundred
only) per month as pocket expenses to Respondent No. 2 w.e.f.
15.03.2025 as per the schedule in settlement. Copy of the Settlement
Deed dated 07.02.2025 has been annexed as Annexure A.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Bharat Singh from PS Uttam Nagar.
5. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has no objection if the FIR No. 691/2022 is quashed against the
Petitioners. Petitioner No. 1 also undertakes to abide by the terms and
conditions of the settlement.
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. 691/2022 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. 691/2022, dated 31.10.2022,
registered at P.S Uttam Nagar, Delhi under section 498A/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.
691/2022, dated 31.10.2022, registered at P.S Uttam Nagar, Delhi
under section 498A/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
August 11, 2025
SK
