Delhi High Court
Mohd Akbar & Ors vs State Nct Of Delhi And Anr on 23 May, 2025
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.05.2025
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+ CRL.M.C. 3445/2025 & CRL.M.A. 15192/2025
MOHD AKBAR & ORS. .....Petitioners
Through: Mr. Raj Kumar and Mr.
Aviram, Advs.
versus
STATE (NCT OF DELHI) & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for State
Mr. M.I. Khan, Adv. for R-2
with R-2 in person.
ASI Deshpal Singh, PS Narela
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. 0281/2020,
dated 25.07.2020, registered at P.S Narela under sections 498A/406
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
was solemnized on 17.09.2017 as per Muslim rites and ceremonies at
Uttar Pradesh. No child was born out of the said wedlock. It is
submitted that due to temperamental differences, the couple has been
residing separately since March 2019. Thereafter, the Respondent
No.2 filed a petition under section 12 of the DV Act, a complaint to
the Magistrate under section 156(3) Cr.P.C. read with section 200
Cr.P.C. and also lodged the aforesaid FIR against the Petitioner No. 1
and his family members.
3. During the proceedings, the parties have amicably resolved their
disputes with the intervention of their families and well-wishers and
have executed a Compromise deed dated 24.08.2020. In pursuance of
the Settlement, it is submitted that the parties have dissolved their
marriage by mutual divorce/talaq on 19.04.2025 and the Petitioner
No.1 has paid Rs. 3,00,000/- to the Respondent No.2 as full as final
settlement of all her dues in terms of Compromise Deed. It is
submitted that all the previous complaints and litigations initiated by
the parties have been withdrawn and all conditions of the Settlement
have been fulfilled. The copy of Compromise deed dated 24.08.2020
has been placed on record as Annexure P-2.
4. Petitioner nos. 1 to 4 and R-2 are physically present before the
Court. They have been identified by their respective counsels as well
as by the Investigating Officer ASI Deshpal Singh, from PS Narela.
5. 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 Rs. 3,00,000/- from the Petitioner No.1 as per the the
Compromise Deed. She further submits that she has no objection if the
FIR No. 0281/2020 is quashed against the petitioners.
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. 0281/2020 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. 0281/2020, dated 25.07.2020,
registered at P.S Narela under sections 498A/406 IPC and all the other
consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR No.
0281/2020, dated 25.07.2020, registered at P.S Narela under sections
498A/406 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
MAY 23, 2025/AK
