Nadeem and Ors. Vs State of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

Nadeem and Ors. Vs State of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

Present petition disposed of with FIR No. 304/2016 (PS Welcome, Delhi) under Sections 498A/406/34 IPC and Section 4 of the D.P. Act and all consequential proceedings emanating therefrom quashed; delay of 4 months 15 days in re-filing condoned; exemption application allowed.

Issue for consideration

Whether FIR No. 304/2016 registered at Police Station Welcome, Delhi under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961, and all consequential proceedings, should be quashed in view of the amicable settlement between the parties. +1 more

Court's answer

Since the parties had amicably resolved their differences of their own free will, without any coercion, and no useful purpose would be served by continuing the proceedings (which would only create further acrimony), it was in the interest of justice to quash the FIR, there being no legal impediment in doing so.

Ratio / Principle

FIR No. 304/2016 registered at Police Station Welcome, Delhi under Sections 498A/406/34 IPC and Section 4 of the D.P. Act, and all consequential proceedings emanating therefrom, stand quashed.

Key takeaways

Delay of 4 months and 15 days in re-filing the petition stands condoned (CRL.M.A. 4637/2025 allowed for reasons stated in the application).ratio¶16
Exemption application CRL.M.A. 4636/2025 allowed subject to all just exceptions.ratio¶12

Detailed headnote1 paragraphs

Quashing of criminal FIR - matrimonial dispute - Delhi High Court (Dr. Swarana Kanta Sharma, J.) disposed of petition seeking quashing of FIR No. 304/2016, Police Station Welcome, Delhi, registered under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961. Parties (husband and his family vs. wife/complainant) had amicably settled vide Settlement Deed dated 21.03.2024; Rs. 2,00,000/- paid to complainant by Demand Draft handed over in Court. Complainant, identified in person by the IO, affirmed compromise of her own free will without pressure, coercion or threat, and consented to quashing. Court held no useful purpose would be served by continuing proceedings, which would create further acrimony, and quashed the FIR and all consequential proceedings. Delay of 4 months 15 days in re-filing condoned; exemption application allowed.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 1004/2025

NADEEM AND ORS. .....Petitioners

Through: Ms. Sonika Tyagi, Advocate alongwith petitioners in person

versus

STATE OF NCT OF DELHI AND ANR. .....Respondents

Through: Mr. Sunil Kumar Gautam, APP for the State with SI Anugraha and SI Gobind Sahai Ms. Shashi Bala, Advocate for R-2 alongwith R-2 in person

CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R % 02.07.2025

CRL.M.A. 4636/2025 (exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.A. 4637/2025 (delay of 4 months and 15 days)

By way of the present application, the appellant seeks condonation of delay of 4 months and 15 days in re-filing the present petition.

For the reasons stated in the application, the same stands allowed. The delay of 4 months and 15 days in re-filing the present petition stands condoned.

Application stands disposed of.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/07/2025 at 09:37:28

CRL.M.C. 1004/2025

By way of the present petition, the petitioners seek quashing of FIR bearing no. 304/2016, registered at Police Station Welcome, Delhi for the commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter ‘ IPC ’) and Section 4 of the Dowry Prohibition Act, 1961 (hereafter ‘ D.P. Act ’).

The petitioners and respondent no. 2 have appeared before this Court in person. They have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Welcome, Delhi.

Briefly stated, facts of the present case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 27.09.2014 as per the Muslim rites and customs. No child was born out of their wedlock. After some time, due to some temperamental differences, both the parties could not reside with each other and started living separately from each other since 16.02.2016. Thereafter, respondent no. 2 had filed a complaint against the petitioners before the concerned Police Station which culminated into the present FIR. After investigation, the chargesheet was filed before the concerned Court.

It is stated that both the parties have amicably settled the present matter vide Settlement Deed dated 21.03.2024, entered between them. In terms of the settlement, an amount of Rs.2,00,000/- by way of Demand Draft bearing No. 007128 dated 25.06.2025 has been handed over to the complainant by the petitioners in the Court today.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/07/2025 at 09:37:28

or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that she has no objection if the present FIR is quashed.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Accordingly, FIR bearing no. 304/2016, registered at Police Station Welcome, Delhi for the commission of offence punishable under Sections 498A/406/34 of IPC and Section 4 of the D.P. Act and all consequential proceedings emanating therefrom are quashed.

In view of the above, the present petition stands disposed of. 14. The order be uploaded on the website forthwith.

DR. SWARANA KANTA SHARMA, J

JULY 02, 2025/ns

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/07/2025 at 09:37:28