Aas Mohd and Ors. v. The State NCT of Delhi and Anr

Delhi High Court · 09 Jan 2026 · 2026:DHC:261
Manoj Jain
CRL.M.C. 186/2026
2026:DHC:261
criminal petition_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 compromise and withdrawal of complaint by the complainant.

Full Text
Translation output
CRL.M.C. 186/2026 1
HIGH COURT OF DELHI
Date of Decision: 09th January, 2026
CRL.M.C. 186/2026 & CRL.M.A. 706/2026
AAS MOHD AND ORS .....Petitioner
Through: Mr. Salim Malik, Mr. Mobin Khan and Ms. S., Advocates.
VERSUS
THE STATE NCT OF DELHI AND ANR .....Respondent
Through: Mr. Nawal Kishore Jha, APP for the State
WITH
SI Ankur, P.S. Jafrabad.
Ms. Anjana, Ms. Palak Bhagat and Mr. Mohd. Akbar, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. The present petition seeks quashing of FIR No. 292/2013 dated 22.08.2013, registered at Police Station Zafrabad, for commission of offences under Sections 498A/406/34 of IPC, along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties.

2. As per allegations appearing in FIR, respondent No.2/complainant and petitioner no.1 were married on 27.09.2010 as per Muslim rites and customs, and one female child was born from the said wedlock. However, due to temperamental differences, the parties started living separately w.e.f. year

2013. CRL.M.C. 186/2026 2

3. It is argued that since the parties have resolved all their disputes before Delhi Mediation Centre, on 05.03.2015 and divorce between parties has taken place as per Muslim Shariyat on 25.01.2020, the present FIR deserves to be quashed.

4. Parties are present in Court and the Court has interacted with them.

5. Upon query to respondent No.2, she submits that she has entered into the settlement voluntarily, and without any undue influence or coercion and thus, does not wish to pursue case against the petitioners. She further submits that as per the terms of the settlement, the child shall remain in her care and custody. As per the settlement terms, respondent No.2 has agreed to accept a sum of Rs.2,20,000/- in lieu of maintenance, alimony, jewellery, istridhan, iddat, mehar.

6. She has already received a sum of Rs.2,00,000/- and during the course of proceedings, the petitioners have handed over a balance outstanding settlement amount of Rs.20,000/- in cash, which she has accepted.

7. It is also apprised that all the other matters pertaining to marriage in question have already been withdrawn, and now no other case of any nature, whatsoever, is pending before any Court.

8. The Investigating Officer (I.O.) is present and confirms the broad facts and identifies the complainant.

9. 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 private in nature. In any case, even the complainant does not wish to press any charges against the petitioners. Admittedly, as per the learned counsel for the petitioner and learned counsel for respondent No.2, the charges have already been CRL.M.C. 186/2026 3 ascertained and the case is at the stage of prosecution witness.

10. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.

11. Consequently, to secure the ends of justice, FIR No. 292/2013 dated 22.08.2013, registered at Police Station Zafrabad, for commission of offences under Sections 498A/406/34 of IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed.

12. The petition stands disposed of in aforesaid terms.

JUDGE JANUARY 9, 2026/ss/sa