Mohummad Aamir & Ors. v. State (NCT of Delhi) & Anr

1. Petitioners seek quashing of FIR No.236/2024 dated 18.05.2024, registered at P.S. Tigri, Delhi under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, on the basis of settlement arrived at between the parties.

2. The marriage between respondent No.2 and petitioner No.1 was solemnized on 01.10.2022 as per Muslim rites and customs. They were blessed with one baby girl. CRL.M.C.4562/2026 2

3. However, due to certain temperamental differences, they started living separately with effect from 10.10.2023 and when a complaint was lodged by respondent No.2, it resulted into the registration of abovesaid FIR.

4. Charge-sheet has already been prepared.

5. With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated 01.04.2026 and have been able to resolve all their disputes and have decided to part ways gracefully. Copy of MoU has been placed on record.

6. As per terms of such settlement, respondent No.2 and her husband have obtained divorce by way of mutual consent/Talaq-e-Mubarat. Copy of deed of Talaq-e-Mubarat has been placed on record.

7. As per settlement, mother/respondent No. 2 would have custody of their child and petitioners shall not interfere in any manner in the upbringing or day-to-day life of their child.

8. All the petitioners are present in Court.

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

10. When asked, respondent No.2 the matter has been amicably settled and she reiterates the terms of settlement. She states that she and petitioner no. 1 have taken talaq-e-mubarat as recognized under Islamic Law. She states that she has agreed to accept a sum of Rs. 7,00,000/- as full and final settlement inlieu of alimony, Dower (Mahr), return of articles, maintenance (Nafaqa) (past, present and future). She has already received a sum of Rs.3,00,000/and the balance amount of Rs.4,00,000/- has been received by her today by way of Demand Draft drawn on Punjab National Bank. It is also stated that the amount of Rs. 3,00,000 has been received in favour of the minor daughter CRL.M.C.4562/2026 3 and the same has been deposited in her name by way of a fixed deposit. She states 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 is already on record.

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. 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.

13. Consequently, to secure the ends of justice, FIR No.236/2024 dated 18.05.2024, registered at P.S. Tigri, Delhi under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed.

14. Original MoU alongwith original affidavits of the parties shall be submitted within two weeks to the SHO/IO.

15. The petition stands disposed of in aforesaid terms.