[Cites 8, Cited by 0]
Delhi High Court
Md Salman Khan Alias Salmansalmani And ... vs The State Govt. Of Nct Of Delhi & Anr on 16 December, 2025
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 16.12.2025
,,,,,,,,,,
+ CRL.M.C. 7044/2025 & & CRL.M.A. 29583/2025
EXEMPTION
MD SALMAN KHAN ALIAS SALMANSALMANI AND
ORS. ....Petitioners
Through: Mr. Abhishek Gupta, Mr.
Vishal Khanna, Ms. Mandakini,
Advocates with petitioners in
person.
versus
THE STATE GOVT. OF NCT OF
DELHI & ANR. ... Respondents
Through: Mr. Sanjeev Sabharwal, APP
with SI Mahipal.
Mr. Abhishek Khari and Mr.
Lakshay Teotia, Advocates 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 Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 186/2024, dated
20.03.2024, registered at P.S Dayal Pur Delhi under Sections
498A/406/34 IPC and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. The factual matrix giving rise to the instant case is that the
marriage between Petitioner No.1 and Respondent no. 2/complainant
was solemnized on 07.11.2017 as per Muslim Rites and ceremonies at
Delhi. One child was born out of the said wedlock. However, on
account of temperamental differences Petitioner No.1 and Respondent
No. 2 are living separately since 25.05.2022.
3. 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. 186/2024 was lodged at the
instance of respondent no. 2 at PS Dayal Pur under sections
498A/406/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before the Counselling Cell, Karkardooma Courts, New
Delhi and the terms of settlement were written in the form of
Settlement deed dated 29.04.2025. It is submitted that petitioner no.1
and respondent no. 2 have obtained divorce and the petitioner no.1 has
paid the entire settlement amount of Rs. 8,00,000/- (Rupees Eight
Lacs Only) to respondent no. 2 and the custody of the child shall
remain with the respondent no.2 as per the schedule in the settlement.
Copy of the settlement deed dated 29.04.2025 has been annexed as
Annexure P-2.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Mahipal, from PS Dayalpur.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has received the entire settlement amount and has no objection if the
FIR No. 186/2024 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. 186/2024 is quashed.
8. Hon'ble Supreme Court has recognized the need of amicable
settlement of disputes in Rangappa Javoor vs The State Of
Karnataka And Another, Diary No. 33313/2019, 2023 LiveLaw (SC)
74, Jitendra Raghuvanshi & Ors. vs Babita Raghuvanshi &Anr.,
(2013) 4 SCC 58& in Gian Singh vs State of Punjab (2012) 10 SCC
9. Further, it is settled that the inherent powers under section 482
of the Code are required to be exercised to secure the ends of justice or
to prevent abuse of the process of any court. Further, the High Court
can quash non-compoundable offences after considering the nature of
the offence and the amicable settlement between the concerned
parties. Supreme Court and this Court have repeatedly held that the
cases arising out of matrimonial differences should be put to a quietus
if the parties have reached an amicable settlement. Reliance may be
placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC.
10. In view of the above facts that the parties have amicably
resolved their differences out of their own free will and without any
coercion, it would be in the interest of justice, to quash the
abovementioned FIR and the proceedings pursuant thereto.
11. In the interest of justice, the petition is allowed, and the FIR No.
186/2024, dated 20.03.2024, registered at P.S Dayal Pur Delhi under
Sections 498A/406/34 IPC and all the other consequential proceeding
emanating therefrom is hereby quashed.
12. Petition is allowed and disposed of accordingly.
13. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
December 16, 2025
MA
