Shahnawaj & Anr. Vs the State NCT of Delhi and Anr.

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 3649/2025

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SHAHNAWAJ & ANR. .....Petitioners

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Through: Mr. Raj Kumar, Advocate with Petitioners with Petitioners.

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versus

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THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for the State. Mr. Rohan Kumar, Advocate for R2 with R2.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 07.11.2025

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Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as ‘Cr.PC’ ) and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.NS.S. ’), has been filed on behalf of the Petitioners, for quashing of FIR No.0373/2024 dated 06.06.2024 under Section 498A/323/34 of the Indian Penal Code, 1860 ( hereinafter referred to as ‘IPC ’) and the Muslim Women Act, 2019, registered at Police Station Aman Vihar, Delhi and all the consequential proceedings emanating therefrom, in terms of the Settlement dated 03.09.2025.

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Issue Notice.

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On advance Notice, learned Standing Counsel (Crl.) has appeared and accepted the Notice on behalf of the State.

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This is a digitally signed order.

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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 12/11/2025 at 13:03:46

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Brief facts of the case are that the marriage was solemnized between Petitioner No.1/husband and the Respondent No. 2/wife on 19.12.2021, according to the Muslim Rites and ceremonies and one baby child, Anayah was born out of the said wedlock.

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On the Complaint of the Respondent No.2/Complainant, FIR No.0373/2024 dated 06.06.2024 under Section 498A/323/34 of IPC and the Muslim Women Act, 2019, got registered at Police Station Aman Vihar, Delhi.

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It is submitted that the FIR was a consequence of the matrimonial disputes between the Complainant and the Petitioner No.1. It is stated that the Petitioner No. 1 and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement/Talaqnama/Mubaratnama dated 03.09.2025. In the Settlement, it was inter alia settled between the parties that the Petitioner No.1/husband shall pay a sum of Rs.4,00,000/-, towards full and final settlement of all the claims along with the articles to the Respondent No. 2/wife, in two instalments . It is also stated that the Petitioner No.1 shall pay first instalment of Rs.2,50,000/-, by way of Demand Draft, to Respondent No. 2/wife, at the time of signing of Talaqnama/Mubaratnama and the balance sum of Rs.1,50,000/-, i.e the second instalment, by way of Demand Draft, shall be paid by the Petitioner No. 1 to the Respondent No. 2, at the time of quashing the aforesaid FIR. It is also settled that the Respondent No. 2 shall not claim any maintenance or any right, title, or interest, over the movable or immovable properties nor shall she claim any stridhan articles or mehar amount from the Petitioner No. 1/husband. It is also settled between the parties that the custody of the child shall remain with the Respondent No. 2.

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This is a digitally signed order.

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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 12/11/2025 at 13:03:46

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Today, the Respondent No. 2/wife, who is present in the Court, states that she has received all amounts due to her and has no objection if the said FIR is quashed.

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Talaq has been granted according to the Muslim Customs vide the Deed of Dissolution of marriage dated 03.09.2025, which also contains the terms of Settlement.

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The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement. 10. Considering the nature of the allegations and that they have settled the matter, the FIR No.0373/2024 dated 06.06.2024 under Section 498A/323/34 of IPC and the Muslim Women Act, 2019, registered at Police Station Aman Vihar, Delhi and all the consequential proceedings emanating therefrom are quashed. It is hereby clarified that the said Compromise is without prejudice to the rights and entitlement of the child.

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The Petition is disposed of accordingly.

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NEENA BANSAL KRISHNA, J

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NOVEMBER 7, 2025/RS

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This is a digitally signed order.

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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 12/11/2025 at 13:03:46

Shahnawaj & Anr. v. the State NCT of Delhi and Anr.

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Shahnawaj & Anr. v. the State NCT of Delhi and Anr.

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