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Delhi High Court
Mohd. Zia & Ors vs State Nct Of Delhi & Anr on 12 March, 2026
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12th March, 2026
+ CRL.M.C. 1792/2026
MOHD. ZIA & ORS. .....Petitioners
Through: Ms. Geetanjali Rana, Mr. Sunil Kumar
Advocates with petitioners in person.
versus
STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr. Raj Kumar, APP for the State with
ASI Mohd Javed, PS Jafrabad
Ms. Shivani Singh, Advocate for
respondent No.2 with respondent No.2
in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. The present petition seeks quashing of FIR No. 262/2017 dated
29.06.2017, registered at Police Station Jafrabad, for commission of offences
under Sections 498A/406/34 of IPC, along with all consequential proceedings
emanating therefrom, on the basis of compromise arrived at between the
parties.
2. The marriage between petitioner No.1 and respondent No.2 was
solemnized on 08.11.2012 as per Muslim rites and ceremonies. There is no
child from the abovesaid marriage. However, on account of some
temperamental differences between the parties, they started residing
separately since 2016.
3. The abovesaid FIR was registered on the basis of complaint made by
the respondent No.2 with P.S. Jafrabad.
4. The chargesheet has already been filed, albeit, the charges are yet to be
framed.
5. Fact, however, remains that, in the interregnum, both the parties have
entered into settlement and the terms of settlement have been reduced in
writing on 12.03.2024.
6. Petitioners are present in Court.
7. Respondent No.2 is present in Court and is represented by her counsel.
8. The Investigating Officer is also present in Court and identifies
respondent No.2.
9. When asked, respondent No.2 reiterated the terms of settlement and
submits that she has agreed to accept a total sum of Rs.1,38,000/- from the
petitioners herein in lieu of mehar amount, iddat expenses, permanent
alimony, istridhan, maintenance (present, past & future). She submits that she
has already received a sum of Rs.88,000/- and the balance amount of
Rs.50,000/- has been received today by her in the shape of a Demand Draft
bearing No.007898 dated 11.03.2026 drawn on HDFC Bank. Parties have
already taken divorce and a certificate to the abovesaid effect has also been
placed on record.
10. Respondent No.2 submits that she has entered into the abovesaid
settlement out of her own free will, without any coercion and influence from
any corner whatsoever and therefore, she would have 'no objection' if FIR in
question is quashed. Her affidavit to abovesaid effect is also on record.
11. In view of the settlement arrived between the parties, continuing with
criminal proceedings would serve no useful purpose especially when dispute
does not involve any public interest or interest of the society at large. In any case,
even the complainant does not wish to press any charges against the petitioners.
12. Accordingly, exercising inherent powers vested in this Court under
Section 528 of the BNSS, it is deemed appropriate to quash the FIR instant.
13. Consequently, to secure the ends of justice, FIR No. 262/2017 dated
29.06.2017, registered at Police Station Jafrabad, for commission of offences
under Sections 498A/406/34 of IPC along with all consequential proceedings
emanating therefrom, is hereby, quashed subject to petitioners depositing total
cost of Rs.25,000/- with concerned Delhi Legal Services Authority (DLSA)
within two weeks.
14. Proof of deposit of such cost as well as Original Compromise Deed
dated 12.03.2024 and original affidavits of petitioners and respondent No.2,
copies of which have been filed with the present petition, shall be submitted
before the learned Trial Court on or before 30.03.2026 so that these become
part of Trial Court Record.
15. The petition stands disposed of in aforesaid terms.
16. Pending application also stands disposed of in aforesaid terms
(MANOJ JAIN)
JUDGE
MARCH 12, 2026/st/pb
