Asif Salmani & Ors. v. The State NCT of Delhi & Anr.

1. Petitioners herein seek quashing of FIR No. 371/2020 dated 03.09.2020, registered at Police Station Mandawli Fazalpur for commission of offences under Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961, 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 19.11.2016 as per Muslim rites and customs. The couple was blessed with a daughter in the year 2017.

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 bee filed and all the five petitioners have been charged by the learned Trial Court, albeit, four other accused persons have CRL.M.C. 5322/2026 2 already been discharged.

5. When the matter was referred to mediation, the parties were able to resolve the matter amicably under the aegis of Counselling Cell, Family Court, Karkardooma Court, East District, Delhi on 08.10.2025 and the parties agreed to part ways in a graceful manner. As per the terms of settlement, the daughter of respondent No. 2 and petitioner No. 1 would remain in the custody of respondent No.2, with no visitation rights to the father, albeit, petitioner No. 1 is permitted to have a telephonic conversation with her every month through WhatsApp.

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 taken talaq-e-mubarat as recognized under Islamic Law. Copy of Mubaratnama dated 22.05.2026 alongwith Family Court decree, declaring their divorce by way of mutual consent/Talakemubarat dated 04.07.2026 has been placed on record.

9. She states that she has entered into settlement without any pressure, coercion and undue influence and in terms of settlement, she has already received all her articles and a sum of Rs[7],25,000/- towards full and final settlement in lieu of alimony, Dower (Mahr), return of articles, maintenance (Nafaqa) (past, present and future). She submits that she has already received Rs.6,25,000/- and the balance amount of Rs. 1,00,000/- has been received today through online banking i.e. UPI.

10. It is also informed that out of the abovesaid settlement of Rs. CRL.M.C. 5322/2026 3 7,25,000/-, a sum of Rs. 2,00,000/- is in the shape of FDR in the name of such daughter.

11. Respondent No.2 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.

12. 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.

13. Accordingly, exercising inherent powers vested in this Court underSection 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

14. Consequently, to secure the ends of justice, FIR No. 371/2020 dated 03.09.2020, registered at Police Station Mandawli Fazalpur for commission of offences under Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961, along with all consequential proceedings arising therefrom, is, hereby, quashed.

15. Original affidavits of the parties shall be submitted within two weeks before the learned Trial Court.