Delhi High Court
Imran Khan vs State (Nct Of Delhi) & Anr on 21 July, 2025
$~108
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.07.2025
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+ CRL.M.C. 1112/2025 & CRL.M.A. 5063/2025 EXEMPTION
IMRAN KHAN .....Petitioner
Through: Mr. Dilip Kumar, Adv.
Petitioner in person.
versus
STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Satinder Singh Bawa, APP
with SI Raghuraj Singh,
P.S.Sangam Vihar
Mr. Parveen Kumar and Mr.
Kartik Sharma, Adv. for R-2
alongwith R-2.
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. 277/2019, dated
14.08.2019, registered at P.S Sangam Vihar, Delhi under Sections
498A/323/34 IPC & Section 4 of Muslim Women Protection Rights
on Marriage Act, 2019 and all proceedings emanating therefrom on
the basis of settlement between the parties.
2. The marriage between Petitioner and Respondent No. 2 was
solemnized on 05.04.2015 as per Muslim rites and ceremonies at
Delhi. It is submitted that 2 daughters namely Rida aged about 8 years
and Sanaya aged about 5 years were born out of the said wedlock.
Thereafter, due to some temperamental differences Respondent No. 2
and Petitioner started living separately since 14.08.2019. It is alleged
that Petitioner after the birth of their younger daughter, assaulted
Respondent No. 2 both physically and mentally, followed by abuses
and pronounced "Talaq" three times, thereby seeking instant divorce.
Thereafter, Respondent No. 2 filed FIR No. 277/2019, dated
14.08.2019, at P.S Sangam Vihar, Delhi under section 498A/323/34
IPC & Section 4 of Muslim Women Protection Rights on Marriage
Act, 2019.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Mediation Settlement dated 13.12.2024 at
Delhi Mediation Centre, Karkardooma Courts, Delhi. In pursuance of
the settlement Petitioner No. 1 and Respondent No. 2 mutually got
divorce on 07.11.2024 as per Mohammadan laws, thereby dissolving
the marriage between the Petitioner No. 1 and Respondent No.2. It is
submitted that all conditions of the Settlement Agreement have been
fulfilled including the payment of the total settlement amount of Rs.
4,25,000/- (Rupees four lacs twenty five thousand only) as per the
schedule mentioned in the Settlement Deed. The copy of Mediation
Settlement dated 13.12.2024 has been placed on record as Annexure
P/3.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Raghuraj Singh from PS Sangam Vihar.
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. 277/2019 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. 277/2019 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. 277/2019, dated 14.08.2019,
registered at P.S Sangam Vihar, Delhi under section 498A/323/34 IPC
& Section 4 of Muslim Women Protection Rights on Marriage Act,
2019 and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
277/2019, dated 14.08.2019, registered at P.S Sangam Vihar, Delhi
under section 498A/323/34 IPC & Section 4 of Muslim Women
Protection Rights on Marriage Act, 2019 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
JULY 21, 2025
SK
