Delhi High Court
Sh. Momin And Ors vs The State Govt. Of Nct Of Delhi And Anr on 30 May, 2025
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.05.2025
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+ CRL.M.C. 3736/2025
SH. MOMIN & ORS. .....Petitioners
Through: Mr. Suresh Kumar, Adv. with
petitioner no.1-4 in person.
versus
THE STATE GOVT. OF NCT OF
DELHI & ANR. ... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Shivam,
PS-Khajuri Khas.
Mr. Akbar Kaleem, Adv. for R2
along with R2 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. 1216/2014,
registered at P.S Khajuri Khas under sections 498A/323/506/406/34
IPC and all proceedings emanating therefrom on the basis of
settlement between the parties.
2. The marriage between Petitioner No.1 and Respondent No.2was
solemnized on 20.08.2011as per Muslim rites and ceremonies at
Delhi. On 21.0.2012, Mohd. Zishanwas bornout of the said wedlock. It
is submitted that due to temperamental differences, the couple started
living separately since 2014. Thereafter, Respondent No.2 lodged the
aforesaid FIR against the petitioners. No charge sheet has been filed
against the aforesaid FIR.
3. During the proceedings, the parties have amicably resolved their
disputes and executed a Settlement Agreement in the curt of Ld.
Principal judge of Family court in NE Karkardooma Court dated
09.08.2023. As perthe settlement seed executed y the parties, the
divorce has been granted as per muslim Shariyat law.The petitioner
no.1 has agreed to pay Rs. 3,50,000/- as full and final settlement
amount to respondent no. 2. The copy of Settlement Agreement dated
09.08.2023has been placed on record as Annexure B.
4. The matter was placed before the Joint Registrar on 26.05.2025,
who has recorded the statements of both the parties and passed the
following orders:-
"26.05.2025
1. The present non contentious petition has been filed by the
petitioners under Section 528 of the
BhartiyaNagarikSurakshaSanhita, 2023 for quashing of the FIR
NO. 1216/2014 Under Sections 498A/ 323 / 506 / 406 / 34 of the
Indian Penal Code registered at P.S.KHAJURI KHAS on the basis
of settlement arrived at between the parties.
2. As per the submissions, the matter between the petitioners and R-
2 has been amicably settled.
3. Vide separate statement recorded in this behalf, petitioners
stated that dispute between them and R-2 has been amicably settled
as per the settlement deed dated 09.08.2023. The settlement has
been arrived at between the parties herein without any force,
coercion, undue influence and pressure. They have signed the
settlement deedwith their wish and will. Vide separate statement
recorded in this behalf, R-2 stated that dispute between R-2 and
petitioners has been amicably settled as per the settlement deed
dated 09.08.2023. The settlement has been arrived at between the
parties herein without any force, coercion, undue influence and
pressure. The settlement deed has been signed with wish and will.
4. Investigating Officer is present in Court and has duly verified the
identity of both the parties. Separate statement of Investigating
Officer has also been recorded.
5. The parties along with their counsels have confirmed that the
settlement deed has been duly entered into between them.
6. Learned counsel for State/APP enters appearance and accepts
notice. He submits that in view of the statement recorded, let the
matter be placed before the Hon'ble Court.
7. The compromise/settlement deed is in writing and has been duly
signed by both the parties. I have heard both the parties and from
the direct dialogue with both the parties, it is observed that the
consent of both the parties is found to be genuine and has not been
obtained under undue influence or pressure.
8. In view of the above, matter be placed before the Hon 'ble Court
on 30.05.2025."
5. Petitioner no.1-4 and respondent no.2 are physically present
before the Court. They have been identified by their respective
counsels as well as by the Investigating Officer SI Shivam from PS
Khajuri Khas.
6. Respondent No.2 confirms that the matter has been settled with
the petitionerswithout any force, fear, coercion and she has confirmed
that she has received the total settlement amount of Rs. 3,50,000/- as
per the Settlement Agreement dated 09.08.2023. She further submits
that she has no objection if the FIR NO. 1216/2014 Under Sections
498A/ 323 / 506 / 406 / 34 of the Indian Penal Code registered at
P.S. KhajuriKhasis 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. 1216/2014 Under Sections 498A/ 323 / 506 / 406 / 34
of the Indian Penal Code registered at P.S. Khajuri Khas along with
charge sheet is quashed.
8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Courthas 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."
9. 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. 1216/2014 Under Sections
498A/323/506/406/34 of the Indian Penal Code registered at P.S.
Khajuri Khas along with all the other consequential proceeding
emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO.
1216/2014 Under Sections 498A/ 323 / 506 / 406 / 34 of the Indian
Penal Code registered at P.S. Khajuri Khas along with all the other
consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
MAY 30, 2025/NA
