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Delhi High Court
Zafar Hashmi & Ors vs State Of Nct Of Delhi & Anr on 6 April, 2026
$~94
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 6thApril, 2026
+ W.P.(CRL) 1093/2026
ZAFAR HASHMI & ORS.
.....Petitioner
Through: Mr. Shabbir Ali with Mr. Nihal, Mr.
Shehroz, Mr. Sumit Kumar, Mr. Neha
Pal, Ms. Aditi Chaudhary, Advocates.
versus
STATE OF NCT OF DELHI & ANR.
.....Respondent
Through: Mr. Sanjay Lao, SC (Crl) with SI
Naveen Kumar.
Mr. Athar Alam with Mr. Ahmad
Saleem Khan, Advocates for R-2 with
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 647/2025 dated
13.10.2025, registered at Police Station Mehrauli, for commission of offences
under Sections 498A/406/34 IPC, along with all consequential proceedings
arising therefrom, on the basis of compromise arrived at between the parties.
2. The marriage between complainant (respondent No.2 herein) and
petitioner No.1 was solemnized on 28.12.2019 as per Muslim rites and
customs. No child is born from the abovesaid wedlock.
3. However, on account of temperamental differences, the parties started
residing separately and when a complaint was lodged by respondent No.2, it
resulted into registration of the abovesaid FIR.
4. Charge-sheet has yet not been filed.
5. However, when the matter was referred to Mediation Centre, Saket the
parties were able to amicably resolve the matter under the aegis of Mediation
Centre, Saket District Court on 29.01.2026.
6. It is in the abovesaid backdrop that quashing is being sought.
7. Respondent no. 2 is present in person and she has been duly identified
by her counsel as well as by Investigating Officer.
8. When asked, respondent No.2 submitted that the matter has been
amicably settled and she reiterates the terms of settlement as recorded in
MoU. She states that she and petitioner no. 1 have sought talaq-e-mubarat,
as recognized under Islamic Law, and their marriage stood dissolved w.e.f.
12.02.2026. She states that she has entered into settlement without any
pressure, coercion and undue influence and in terms of settlement, she has
already received all her articles and a sum of Rs. 4,50,000/- towards full and
final settlement inlieu of alimony, Dower (Mahr), return of articles,
maintenance (Nafaqa) (past, present and future). She, while acknowledging
the terms of the settlement, as recorded in MoU dated 12.02.2026, reiterates
that she would have 'no objection' if FIR in question is quashed. Her affidavit
to abovesaid effect has also been placed on record.
9. In view of the settlement arrived at between the parties, continuing with
criminal proceedings would serve no useful purpose, especially, when dispute
does not involve any public interest and is, primarily, private in nature. In any
case, even the complainant does not wish to press any charges against the
petitioners.
10. Accordingly, exercising inherent powers vested in this Court under
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed
appropriate to quash the instant FIR.
11. Consequently, to secure the ends of justice, FIR No. 647/2025 dated
13.10.2025, registered at Police Station Mehrauli, for commission of offences
under Sections 498A/406/34 IPC, along with all consequential proceedings
arising therefrom, is, hereby, quashed. Original affidavits and MoU of the
parties, copies of which have been placed on record in the present
proceedings, shall be submitted to concerned SHO/IO within two weeks from
today.
12. The petition stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
APRIL 6, 2026/sw/pb
