Delhi High Court
Shahnawaz Alam & Ors vs The State Nct Of Delhi And Anr on 30 October, 2025
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.10.2025
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+ CRL.M.C. 7619/2025 & CRL.M.A. 31902/2025 EXEMPTION
SHAHNAWAZ ALAM & ORS. .....Petitioners
Through: Mr. Shubham Singh Mahur,
Ms. Shivani Vasan, Advocates.
Petitioners in person.
versus
THE STATE NCT OF DELHI AND ANR. ... Respondents
Through: Ms. Kiran Bairwa, APP with SI
Prajjwal, PS-Prem Nagar.
Respondent No. 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. 444/2024, dated
21.08.2024, registered at P.S Prem Nagar, District Rohini, 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 01.08.2019 as per Muslim Rites and ceremonies.
No Child was born out of the said wedlock. Due to temperamental
differences Petitioner No. 1 and Respondent no. 2 have been living
separately since 02.04.2024.
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. 444/2024 was lodged at the
instance of respondent no. 2 at PS Prem Nagar, District Rohini under
sections 498A/406/34 IPC against the Petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes before Delhi Mediation Centre, Rohini District Courts,
Delhi and the terms of settlement were written in the form of a
Settlement/Agreement dated 31.01.2025. It is submitted that Petitioner
No.1 and Respondent No. 2 have obtained divorce according to
Muslim law (Talaq-E-Khula) on 28.04.2025 and petitioner no. 1 has
paid the entire settlement amount of Rs. 4,50,000/- (Rupees Four Lacs
Fifty Thousand only) to respondent no. 2 as per the schedule in
settlement. Copy of the Settlement/Agreement dated 31.01.2025 has
been annexed as Annexure P-2 (Colly).
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Prajjwal, from PS Prem Nagar.
6. Respondent No. 2 confirms that the matter has been amicably
settled between the parties without any force, fear, coercion. She
confirms having received the entire amount by draft/cash from
petitioner No. 1 and has no objection if the FIR No. 444/2024 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. 444/2024 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. 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.
444/2024 dated 21.08.2024, registered at P.S Prem Nagar, District
Rohini, 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 30, 2025
SK
