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Delhi High Court
Roshan And Ors vs The State Nct Of Delhi And Anr on 13 March, 2026
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13th March, 2026
+ CRL.M.C. 1823/2026 & CRL.M.A. 7501/2026
ROSHAN AND ORS .....Petitioners
Through: Mr. Abid Ibrahim with Mr. Rahul
Kumar and Mr. Adnan Khan,
Advocates with petitioners in person.
versus
THE STATE NCT OF DELHI AND ANR .....Respondents
Through: Mr. Raj Kumar, APP for the State
Mr. S.Y. Usmani, 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. Petitioners herein seek quashing of FIR No. 295/2024 dated
06.05.2024, registered at Police Station Palam Village, 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 19.03.2017, as per Muslim rites and ceremonies. There is no
child from the abovesaid wedlock.
3. However, on account of some temperamental differences between the
parties, they started residing separately since 2021 and on the basis of report
lodged by respondent no. 2, abovesaid FIR was registered.
4. The charge-sheet has already been filed, albeit, charges are yet to be
ascertained.
5. However, when the parties were referred to Mediation Centre, Dwarka
Courts, New Delhi, they came to an amicable solution and agreed to part ways
in a graceful manner as would be apparent from Mediation Order dated
01.07.2025. Parties have already taken divorce by way of Mubarat Nama on
26.11.2025 and a certificate to the abovesaid effect has also been placed on
record.
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.8,00,000/- 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.5,00,000/- and the balance amount of
Rs.3,00,000/- has been received today by her in the shape of a Demand Draft
bearing No.000304 dated 12.03.2026 drawn on Bank of India.
10. She has also filed affidavit clearly deposing therein that she does not
want to pursue with FIR in question and that she has entered into the
abovesaid settlement voluntarily, without any force, coercion and pressure
from any corner whatsoever. She also submits that the other cases between
the parties have also been withdrawn.
11. 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.
12. Consequently, to secure the ends of justice, FIR No. 295/2024 dated
06.05.2024, registered at Police Station Palam Village, 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.15,000/- with Delhi Legal Services Authority
(DLSA), South-West, within four weeks.
13. Proof of deposit of such cost as well as Original Settlement Agreement
dated 01.07.2025 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 within further two weeks so that these become
part of Trial Court Record.
14. The petition stands disposed of in aforesaid terms.
15. Pending application also stands disposed of in aforesaid terms
(MANOJ JAIN)
JUDGE
MARCH 13, 2026/st/sa
