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HIGH COURT OF DELHI
Date of Decision: 21.07.2025 ,,,,,,,,,, CRL.M.C. 1112/2025 & CRL.M.A. 5063/2025 EXEMPTION
IMRAN KHAN .....Petitioner
Through: Mr. Dilip Kumar, Adv. Petitioner in person.
Through: Mr. Satinder Singh Bawa, APP
Mr. Parveen Kumar and Mr. Kartik Sharma, Adv. for R-2 alongwith R-2.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 277/2019, dated 14.08.2019, registered at P.S Sangam Vihar, Delhi under Sections 498A/323/34 IPC & Section 4 of Muslim Women Protection Rights on Marriage Act, 2019 and all proceedings emanating therefrom on the basis of settlement between the parties.
2. The marriage between Petitioner and Respondent No. 2 was solemnized on 05.04.2015 as per Muslim rites and ceremonies at Delhi. It is submitted that 2 daughters namely Rida aged about 8 years and Sanaya aged about 5 years were born out of the said wedlock. Thereafter, due to some temperamental differences Respondent No. 2 and Petitioner started living separately since 14.08.2019. It is alleged that Petitioner after the birth of their younger daughter, assaulted Respondent No. 2 both physically and mentally, followed by abuses and pronounced "Talaq" three times, thereby seeking instant divorce. Thereafter, Respondent No. 2 filed FIR No. 277/2019, dated 14.08.2019, at P.S Sangam Vihar, Delhi under section 498A/323/34 IPC & Section 4 of Muslim Women Protection Rights on Marriage Act, 2019.
3. During the proceedings, the parties amicably resolved their disputes and executed a Mediation Settlement dated 13.12.2024 at Delhi Mediation Centre, Karkardooma Courts, Delhi. In pursuance of the settlement Petitioner No. 1 and Respondent No. 2 mutually got divorce on 07.11.2024 as per Mohammadan laws, thereby dissolving the marriage between the Petitioner No. 1 and Respondent No.2. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs. 4,25,000/- (Rupees four lacs twenty five thousand only) as per the schedule mentioned in the Settlement Deed. The copy of Mediation Settlement dated 13.12.2024 has been placed on record as Annexure P/3.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Raghuraj Singh from PS Sangam Vihar.
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. 277/2019 is quashed against the Petitioner.
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. 277/2019 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:-
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. 277/2019, dated 14.08.2019, registered at P.S Sangam Vihar, Delhi under section 498A/323/34 IPC & Section 4 of Muslim Women Protection Rights on Marriage Act, 2019 and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 277/2019, dated 14.08.2019, registered at P.S Sangam Vihar, Delhi under section 498A/323/34 IPC & Section 4 of Muslim Women Protection Rights on Marriage Act, 2019 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 JULY 21, 2025