Full Text
HIGH COURT OF DELHI
Date of Decision: 27th April, 2026
AZHARUDDIN & ORS. .....Petitioner
Through: Mr. Nishant Singh, Advocate alongwith Petitioners in person.
Through: Mr. Raj Kumar, APP for the State with
SI Lokesh Kumar.
Respondent No.2 (through V.C.).
JUDGMENT
1. Petitioners herein seek quashing of FIR No. 0338/2019 dated 08.10.2019, registered at Police Station Govind Puri, 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 22.11.2017, 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. CRL.M.C. 3203/2026 2
5. However, both the parties have taken divorce by way of Mubarat dated 23.02.2022 and a certificate to the abovesaid effect has also been placed on record. The parties have also got Decree Of Declaration from the learned Principal Jugde, Family Courts, Saket Courts, Delhi on 04.05.2022 and have decided to part ways, gracefully. It is also informed that both the parties have now remarried separately.
6. It is in the abovesaid backdrop that the quashing is being sought.
7. Petitioners are present in Court.
8. Respondent No.2 has joined proceedings through video-conferencing and has been duly identified by her counsel as well as I.O.
9. When asked, respondent No.2 reiterated the terms of settlement and submits they both have entered into second wedlock, and have also obtained Mubarat by way of mutual consent. 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 She also submits that the other cases between the parties have also been withdrawn.
10. 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.
11. Consequently, to secure the ends of justice, FIR No. 0338/2019 dated 08.10.2019, registered at Police Station Govind Puri, for commission of offences under Sections 498A/406/34 of IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed. CRL.M.C. 3203/2026 3
12. The petition stands disposed of in aforesaid terms.
13. Pending application also stands disposed of in aforesaid terms.
JUDGE APRIL 27, 2026/ss/sa