Citation : 2026 Latest Caselaw 706 Del
Judgement Date : 9 February, 2026
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 9th February, 2026
+ CRL.M.C. 1085/2026
SAMEER KHAN & ANR. .....Petitioner
Through: Ms. Fareha Khursheed, Advocate.
versus
STATE (NCT OF DELHI) & ANR. .....Respondent
Through: Mr. Sunil Kumar Gautam, APP.
Mr. Mujeeb Khan, Advocate for R-2
along with respondent.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioners herein seek quashing of FIR No. 738/2016 dated 04.11.2016, registered at Police Station Malviya Nagar, Delhi for commission of offences under Sections 498-A/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 03.07.1998 according to Muslim rites and customs.
3. However, on account of some matrimonial dispute, respondent No.2 reported the matter to police which resulted in registration of abovesaid FIR.
4. Both the sides have entered into settlement and have started living together in complete harmony and, therefore, the present petition has been filed seeking quashing of FIR.
5. Respondent No.2, who has joined the proceedings through video-conferencing submits that she has entered into settlement voluntarily
and without any force and coercion and is residing happily with husband. She states that, in fact, wedding of their son is scheduled for today and despite such wedding ceremony, since the petition was listed for hearing today she has joined the proceedings through video-conferencing. She has been duly identified by IO and learned counsel for respondent No.2.
6. She reiterates the terms of settlement and submits that she is living happily with her husband and in-laws and does not want any further action and would have no objection if the FIR in question is quashed.
7. Her affidavit to that effect is also on record.
8. 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.
9. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.
10. Consequently, to secure the ends of justice, FIR No. 738/2016 dated 04.11.2016, registered at Police Station Malviya Nagar, Delhi for commission of offences under Sections 498-A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed.
11. The petition stands disposed of in aforesaid terms.
12. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN) JUDGE FEBRUARY 9, 2026/sw/pb
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