Aashiq Hussain @Aasif @Asif and Ors. v. State Govt. of NCT Delhi and Anr.

Delhi High Court · 11 Aug 2025 · 2025:DHC:6705
Ravinder Dudeja
CRL.M.C. 5443/2025
2025:DHC:6705
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the basis of an amicable settlement between the parties, holding that continuation of criminal proceedings would be an abuse of process.

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CRL.M.C. 5443/2025
HIGH COURT OF DELHI
Date of Decision: 11.08.2025
CRL.M.C. 5443/2025 & CRL.M.A. 23347/2025
EXEMPTION
AASHIQ HUSSAIN @AASIF @ASIF AND ORS. .....Petitioners
Through: Mr. Gul Afroz, Advocate.
Petitioners in person.
VERSUS
STATE GOVT. OF NCT DELHI AND ANR. … Respondents
Through: Mr. Hitesh Vali, APP
WITH
SI Bharat Singh & ASI Rajesh, PS
Uttam Nagar.
Respondent No. 2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 691/2022, dated 31.10.2022, registered at P.S Uttam Nagar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. The Marriage between Petitioner No. 1 and Respondent No. 2 solemnized on 03.06.2020 as per Muslim rites and ceremonies. A boy child was born out of the said wedlock. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. FIR NO. 691/2022 was lodged at instance of Respondent No. 2 under section 498A/406/34 IPC against petitioners. Charge sheet has since been filed under Section 498A/406/34 IPC.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 07.02.2025 at Mediation Centre, Dwarka Courts, New Delhi. In view of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have started living together. It is submitted that Petitioner No. 1 shall bear all household expenses, educational expenses of their child and agrees to pay a sum of Rs. 1,500/- (Rupees One Thousand Five Hundred only) per month as pocket expenses to Respondent No. 2 w.e.f. 15.03.2025 as per the schedule in settlement. Copy of the Settlement Deed dated 07.02.2025 has been annexed as Annexure A.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Bharat Singh from PS Uttam Nagar.

5. Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 691/2022 is quashed against the Petitioners. Petitioner No. 1 also undertakes to abide by the terms and conditions of the settlement.

6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 691/2022 is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

8. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 691/2022, dated 31.10.2022, registered at P.S Uttam Nagar, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 691/2022, dated 31.10.2022, registered at P.S Uttam Nagar, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

10. Petition is allowed and disposed of accordingly.

11. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J August 11, 2025