Mohd. Masoom and Others v. State of NCT of Delhi and Anr

Delhi High Court · 20 Jul 2026 · 2026:DHC:5834
Manoj Jain
CRL.M.C. 5005/2026
2026:DHC:5834
criminal appeal_allowed

AI Summary

The Delhi High Court quashed a criminal FIR under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute based on a voluntary compromise and resumption of matrimonial life, exercising inherent powers under Section 528 of BNSS, 2023.

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CRL.M.C. 5005/2026 1
HIGH COURT OF DELHI
Date of Decision: 20th July, 2026
CRL.M.C. 5005/2026 & CRL.M.A. 21010/2026
MOHD. MASOOM AND OTHERS .....Petitioner
Through: Mr. Iftikhar Ahmad, Advocate along with petitioners-in-person
VERSUS
STATE OF NCT OF DELHI AND ANR .....Respondents
Through: Mr. Sunil Kumar Gautam, APP for State with SI Roueine H, PS Malviya
Nagar
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 0236/2025 dated 07.05.2025, registered at Police Station Malviya Nagar, Delhi, 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 16.02.2021, as per Muslim rites and customs. The couple was blessed with two children.

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. When Maintenance Petition filed by Respondent No. 2 herein was CRL.M.C. 5005/2026 2 referred to mediation, parties were able to resolve all their disputes under the aegis of Mediation Centre, Saket Courts, New Delhi on 07.04.2026 and are now enjoying blissful matrimonial life together.

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

6. Respondent no. 2 is present in-person and she has been duly identified by Investigating Officer.

7. When asked, respondent No. 2 reiterated the terms of abovesaid settlement and states that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever. She submits that she has resumed matrimonial ties with her husband and after burying the hatchet, she is happily living with her husband for last six months and would have no objection if the present FIR is quashed.

8. 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.

9. 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.

10. Consequently, to secure the ends of justice, FIR No. 0236/2025 dated 07.05.2025, registered at Police Station Malviya Nagar, Delhi, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, 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 CRL.M.C. 5005/2026 3 four weeks from today, so that these become part of Trial Court Record.

11. The petition stands disposed of in aforesaid terms.

12. Pending application also stands disposed of.

JUDGE JULY 20, 2026/dr/sa