Delhi High Court
Zameer Ahmad & Ors vs State Of Nct Of Delhi & Anr on 12 September, 2025
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 12.09.2025
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+ CRL.M.C. 3176/2025 & CRL.M.A. 13955/2025 EXEMPTION
ZAMEER AHMAD & ORS. .....Petitioners
Through: Mr. Adv. (Appearance not given)
Petitioners in person.
versus
STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Ms. Manjeet Arya, APP with SI
Nitin, PS-Jamia 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. 39/2023, dated
14.01.2023, registered at P.S Jamia Nagar, Delhi under Sections
498A/406/34/506 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 14.12.2019 as per Muslim Rites and ceremonies at
New Delhi. One child was born out of the said wedlock. However, on
account of temperamental differences Petitioner No. 1 and Respondent
No. 2 are living separately since 04.03.2022.
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. Chargesheet has since been filed under
sections 498A/406/34/506 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes and the terms of the settlement were reduced into
writing in the form of a Compromise Deed/ MOU dated 30.03.2024.
In view of the aforesaid settlement, petitioner no. 1 and respondent no.
2 have obtained divorce on 30.03.2024. It is submitted that petitioner
no. 1 has paid the entire settlement amount of Rs. 1,00,000/- (Rupees
One Lac Fifty Thousand only) to respondent no. 2 as per the schedule
in the settlement along all utensils bought by respondent no. 2. It is
further submitted that the custody of the child will remain with
respondent no. 2. Copy of the Compromise Deed/ MOU dated
30.03.2024 has been annexed as Annexure P-3.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Nitin, from PS Jamia Nagar.
6. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has received the entire settlement amount and has no objection if the
FIR No. 39/2023 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. 39/2023 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.
39/2023, dated 14.01.2023, registered at P.S Jamia Nagar, Delhi under
section 498A/406/34/506 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
September 12, 2025
SK
