Mohd Ali & Ors. vs The State NCT Of Delhi & Anr.

Ravinder Dudeja, J.

Allowed, subject to all just exceptions.

This application stands disposed of.

Bearing in mind the reasons explained in the application, it is allowed and the delay of 8 days in re-filing the petition is condoned.

The application stands disposed of.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR No.316/2024, dated 7th September, 2024, registered at P.S Kalindi Kunj, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of compromise arrived at between the parties.

The marriage between complainant (respondent No. 2 herein) and petitioner no. 1 was solemnized on 27^th November, 2020 as per Muslim rites and customs. One child was born from the abovesaid wedlock on 24^th August, 2021.

However, on account of temperamental differences, the parties started residing separately since 12^th July, 2023 and upon persistent physical and mental harassment by petitioners on account of dowry demands, a complaint was lodged by respondent No. 2 and the abovesaid FIR was registered.

Charge-sheet has since been filed.

During the course of proceedings, under Section 125 Cr.P.C. the parties were referred to Counselling Cell, Family Courts, Saket where they amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of a Settlement dated 18^th August, 2025. Copy of the Settlement dated 18^th August, 2025 is annexed as Annexure B.

Learned counsel for both the parties submits that in terms of the settlement, petitioner no. 1 and Respondent no. 2 have obtained divorce by mutual consent/Talaq-E-Mubarat as per Muslim personal laws vide agreement dated 27^thJuly, 2026 and petitioner no. 1 has paid the entire settlement amount of Rs. 6,75,000/- (Rupees Six Lacs Seventy Five Thousand Only) along with all household articles to the Respondent no. 2 as per the schedule in the settlement. It is further agreed that the custody of the minor daughter would remain with Respondent no. 2.

Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officers ASI Sazid Khan, from PS Amar Colony & SI Satyapreet, from PS Kalindi Kunj.

Respondent No.2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has received the entire settlement amount alongwith all the household articles and has no objection if the FIR No. 316/2024 is quashed against the petitioners.

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 nature. In any case, even the complainant does not wish to press any charges against the petitioners.

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

Consequently, to secure the ends of justice, FIR No. 316/2024, dated 7th September, 2024, registered at P.S Kalindi Kunj, Delhi under Sections 498A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed. Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court, so that these become part of Trial Court Record and shall also be submitted to concerned SHO/IO within four weeks from today.

Petition is allowed and disposed of accordingly.

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