Danish Saifi v. The State NCT of Delhi and Anr

Delhi High Court · 24 Jul 2026 · 2026:DHC:6008
Manoj Jain
W.P.(CRL) 2158/2026
2026:DHC:6008
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under the Muslim Women (Protection of Rights on Marriage) Act, 2019 based on an amicable settlement between the parties and exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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W.P.(CRL) 2158/2026 1
HIGH COURT OF DELHI
Date of Decision: 24th July, 2026
W.P.(CRL) 2158/2026
DANISH SAIFI.....Petitioner
Through: Mr. Pankaj Kumar, Advocate with petitioner in person.
VERSUS
THE STATE NCT OF DELHI AND ANR.....Respondent
Through: Mr. Yasir Rauf Ansari, ASC with SI Kevendra Singh.
Ms. Richa Sharma, Advocate for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner herein seeks quashing of FIR No.268/2025 dated 25.09.2025, registered at Police Station Laxmi Nagar, for commission of offences under Sections 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. The marriage between petitioner No. 1 and respondent No. 2 herein, was solemnized as per Muslim rites and ceremonies on 07.12.2022. No child was born from the abovesaid wedlock.

3. However, there was some matrimonial discord and personal differences between petitioner No. 1 and respondent No.2, pursuant to W.P.(CRL) 2158/2026 2 which, she left her matrimonial home in March 2025 and when she reported the matter to police, it resulted in registration of abovesaid FIR.

4. The investigation is, though, reportedly, complete but no chargesheet has been filed so far.

5. However, when the matter was referred to mediation, the parties were able to amicably resolve the matter under the aegis of Delhi Mediation Centre, Karkardooma Courts, Delhi on 04.06.2026.

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

7. Petitioner is present in court.

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

9. When asked, respondent No. 2 reiterates the terms of abovesaid settlement. She states that she and petitioner No.1 have taken decision to seek talaq as recognised under Islamic Law. She submits that there is a pronouncement on third-time Talaq on 09.07.2026 and such divorce is as per Shariat law and she has already received a communication in this regard from the counsel of her husband. A copy thereof has been shown during the course of proceedings which is retained on record. She states that she has not claimed any amount from petitioner No. 1 with respect to mehr, iddat, permanent alimony, maintenance (past, present & future). 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.

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 W.P.(CRL) 2158/2026 3 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.

12. Consequently, to secure the ends of justice, FIR No.268/2025 dated 25.09.2025, registered at Police Station Laxmi Nagar, for commission of offences under Sections 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, along with all consequential proceedings arising therefrom, is, hereby, quashed.

13. Original affidavits of the parties, the copies of which have been placed on record, shall be submitted within four weeks before the learned Trial Court.

14. The present petition stands disposed of in aforesaid terms.

15. Pending application also stands disposed of.

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MANOJ JAIN, J JULY 24, 2026/sw/pb