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Delhi High Court
Fahed Khan & Ors vs The State (Govt Of Nct Delhi) & Anr on 18 March, 2026
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18th March, 2026
+ CRL.M.C. 1996/2026 & CRL.M.A. 8186/2026
FAHED KHAN & ORS.
.....Petitioner
Through: Mr. M Naushad, Advocate.
versus
THE STATE (GOVT OF NCT DELHI) & ANR.
.....Respondent
Through: Mr. Sunil Kumar Gautam, APP with
SI Vivek.
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. 211/2019 dated
17.06.2019, registered at Police Station Neb Sarai, 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 10.04.2016, as per Muslim rites and
customs. There is no child born from such wedlock.
3. However, due to certain temperamental differences, they started living
separately and on account of matrimonial discord, a complaint was lodged by
respondent No.2, which resulted into registration of abovesaid FIR.
4. Charge-sheet has already been filed.
5. However, the parties have been able to bury their all differences and
have decided to live together. The affidavit of respondent No.2 to this effect
has also been placed on record.
6. It is in the abovesaid backdrop that quashing of FIR in question is being
sought by the parties.
7. Respondent no. 2 is present in person and has been duly identified by
the Investigating Officer.
8. When asked, respondent No.2 submitted that the matter has been
amicably settled and she is residing with her husband in complete peace and
harmony since 2025. She submits that she has voluntarily entered into
settlement and is happy at her matrimonial home. She also states that she has
already withdrawn her complaint case under Section 12 of Domestic Violence
Act, 2005 and, therefore, she would have 'no objection' if FIR in question is
quashed.
9. Keeping in mind the overall facts of the case and the fact that
respondent No.2 is residing happily at her matrimonial home and does not
want any further action against any of the petitioners, continuing with criminal
proceedings would serve no useful purpose, especially, when the couple is now
enjoying matrimonial bliss. Moreover, the dispute does not involve any public
interest and is private in nature.
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. 211/2019 dated
17.06.2019, registered at Police Station Neb Sarai, for commission of
offences under Sections 498A/406/34 IPC, along with all consequential
proceedings arising therefrom, is quashed. Original affidavits of the parties,
copies of which have been placed on record in the present proceedings, shall
be submitted before the learned Trial Court within four weeks from today, so
that these become part of Trial Court Record.
12. The petition stands disposed of in aforesaid terms.
13. Pending application also stands disposed of in aforesaid terms.
(MANOJ JAIN)
JUDGE
MARCH 18, 2026/sw/sa
