Mursid Alam & Ors. v. The State NCT of Delhi & Anr.

1. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners seeking to quash the FIR No. 538/2021 dated 02.08.2021 for offences under Sections 498A/34 Indian Penal Code, 1860, registered at Police Station Prem Nagar, New Delhi (“subject FIR”) and all consequential proceedings arising therefrom.

2. The learned counsel for the petitioners submits that the petitioner No. 1 is the husband of respondent No. 2 and their marriage was solemnized on 21.06.2018 as per Muslim Law and two children (twin girls) were born out of this wedlock. The petitioner No.2 is, petitioner No. 3, petitioner no. 4 and petitioner no. 5 are father-in-law, mother-in-law and sisters-in-law, respectively, of the respondent no. 2.

3. The learned counsel submits that the extreme incompatibilities between the petitioners and respondent no. 2, coupled with raising demands of dowry and increasing harassment, led to the registration of the subject FIR and filing of multiple complaints against the petitioners before different judicial fora.

4. He submits that with the intervention of family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them vide Settlement Deed dated 14.02.2022. Subsequent thereto, he submits, the parties have opted to maintain their matrimonial relationship and started cohabiting peacefully as husband and wife in their matrimonial house along with their children. The said Settlement Deed dated 14.02.2022 embodying the terms of settlement has been placed on record.

5. The Statement of the parties have been recorded by the Joint by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that she has no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed.

6. Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.

7. The respondent No. 2, who is present in court, upon being queried, confirms that she entered into the said Settlement Deed out of her free will, without any coercion, force or undue influence and that she has withdrawn the litigations filed by her before different Judicial fora and no other litigation remains pending between the partes. She submits that pursuant to the settlement, the parties have opted to maintain their matrimonial relations and are cohabiting with their children in their matrimonial home. Furthermore, she has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed.

8. In view of the foregoing, the learned counsel for the parties, jointly pray for quashing of the subject FIR and all consequential proceedings arising therefrom.

9. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.

10. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.

11. In conspectus of the above facts and the Settlement Deed dated 07.04.2025, the subject FIR bearing No. 538/2021 dated 02.08.2021 for offences under Sections 498A/34 Indian Penal Code, 1860, registered at Police Station Prem Nagar, New Delhi and all consequential proceedings emanating therefrom, are hereby quashed.

12. The present petition and pending application are, accordingly, disposed of, in the aforesaid terms.