Delhi High Court
Mohammad Asif vs State (N.C.T. Of Delhi) & Anr on 8 October, 2025
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 08.10.2025
,,,,,,,,,,
+ CRL.M.C. 4030/2025
MOHAMMAD ASIF .....Petitioner
Through: Mr. Mujeeb Khan, Ms. Fareha
Khursheed, Advs.
Petitioner in person.
versus
STATE (N.C.T. OF DELHI) & ANR. .....Respondents
Through: Ms. Manjeet Arya, APP with SI
Munfaij, P.S.Jamia Nagar.
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. 230/2019, dated
05.10.2019, registered at P.S Jamia Nagar, 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 and Respondent no. 2/complainant was
solemnized on 27.04.2011 as per Muslim Rites and ceremonies. One
child was born out of the said wedlock. However, on account of
temperamental differences Petitioner and Respondent No. 2 started
living separately since 27.05.2018.
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 petitioner. FIR No. 230/2019 was lodged at the
instance of respondent no. 2 at PS Jamia Nagar under sections
498A/406/34 IPC against the petitioner.
4. During the course of proceedings, the parties amicably resolved
their disputes and the terms of the compromise were reduced into
writing in the form of a Settlement Deed/ MOU dated 19.02.2025. It is
submitted that petitioner and respondent no. 2 have resumed
cohabitation along their child w.e.f. 23.02.2025. Copy of the
Settlement Deed/ MOU dated 19.02.2025 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 Munfaij from P.S. Jamia Nagar.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioner without any force, fear, coercion and she has
resumed cohabitation along their child and has no objection if the FIR
No. 230/2019 is quashed against the Petitioner.
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. 230/2019 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. Hence, 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.
230/2019, dated 05.10.2019, registered at P.S Khajuri Khas, Delhi
under section 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
October 8, 2025
SK
