Akram Khan & Ors. v. The State (Govt of NCT of Delhi) & Anr.

Delhi High Court · 14 May 2026 · 2026:DHC:4366
Manoj Jain
CRL.M.C. 3779/2026
2026:DHC:4366
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed a criminal FIR under Sections 498A, 406, and 34 IPC based on an amicable settlement in a matrimonial dispute, exercising inherent powers under Section 528 of the BNSS, 2023.

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CRL.M.C. 3779/2026 1
HIGH COURT OF DELHI
Date of Decision: 14th May, 2026
CRL.M.C. 3779/2026&CRL.M.A. 15348/2026
AKRAM KHAN & ORS. .....Petitioner
Through: Mr. Tarun Sharma with Mr. Md. Talha Mumtaz, Advocates.
VERSUS
THE STATE (GOVT OF NCT OF DELHI) & ANR. .....Respondent
Through: Mr. Raj Kuamr, APP with SI Shailender.
Mr. Javed Akhtar, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No.551/2018 dated 15.12.2018, registered at Police Station Keshav Puram, 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 24.03.2010, as per Muslim rites and customs. Two children are born from the abovesaid wedlock.

3. However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

4. Charge-sheet has already been filed.

5. However, both the parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 21.05.2025 and have been able to resolve all their disputes and have decided to part ways gracefully. The CRL.M.C. 3779/2026 2 custody of the children would remain with petitioner No.1 i.e. father of the children, with no visitation rights.

6. It is in the abovesaid backdrop that quashing is being sought.

7. Respondent no. 2 is present in person and she has been duly identified by her counsel as well as by Investigating Officer.

8. When asked, respondent No.2 submitted that the matter has been amicably settled and she reiterates the terms of settlement as recorded in MoU. She states that she and petitioner no. 1 have agreed to divorce each other by way of Khula Talaq according to Shariyat Law. She states that she has entered into settlement without any pressure, coercion and undue influence and she has already received a sum of Rs.35,000/- towards full and final settlement in lieu of alimony, Dower (Mahr), maintenance (Nafaqa) (past, present and future).

9. Though, as per the settlement, the mother-respondent No.2 has not been granted or chosen to avail any visitation right, during course of consideration, the petitioner No.1 who is present in Court has volunteered that respondent No.2 would be at liberty to meet her sons, as per mutual convenience.

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. 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. CRL.M.C. 3779/2026 3

12. Consequently, to secure the ends of justice, FIR No.551/2018 dated 15.12.2018, registered at Police Station Keshav Puram, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits and MoU 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.

13. The petition stands disposed of in aforesaid terms.

14. Pending application stands disposed of.

JUDGE MAY 14, 2026/sw/sy