Allowed

Mohd Asif Siddiqui & Ors. v. State NCT of Delhi and Anr.

Delhi HC7 Nov 2025CRL.M.C./7839/2025

Case brief

AI extract

What is this about?

Quashing of a matrimonial FIR under Sections 498A/406/34 IPC registered at PS Jamia Nagar after the parties settled their disputes, the marriage was dissolved by the Family Court, and the settlement amount and stridhan articles were paid. The complainant and the State had no objection; the High Court quashed the FIR.

What the court decided

AI extract

Mohd Asif Siddiqui & Ors. Vs State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

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$~37

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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% Date of decision: 07.11.2025

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CRL.M.C. 7839/2025

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MOHD ASIF SIDDIQUI & ORS. .....Petitioners Through: Mr. Binay Kumar Patra, Ms. Tuba Kamil, Mr. Pankaj Shami, Advocates.

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All petitioner in person except petitioner No. 5, who is present through VC.

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versus

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STATE NCT OF DELHI AND ANR. … Respondents Through: Mr. Sanjeev Sabharwal, APP. WSI Shakuntala, PS-Jamia Nagar.

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Mr. Praveen Kumar, Mr. Kartik Sharma, Advocates for R-2 with R-2 in person.

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

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JUDGMENT(ORAL)

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RAVINDER DUDEJA, J.

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This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 225/2023, dated 26.05.2023, registered at P.S Jamia Nagar, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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CRL.M.C. 7839/2025 Page 1 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.11.2025 18:10:14

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The factual matrix giving rise to the instant case is that the marriage between Petitioner No. 1 and Respondent no. 2/complainant was solemnized on 28.02.2019 as per Muslim Rites and ceremonies at Delhi. One child was born out of the said wedlock. However, on account of temperamental differences Petitioner No. 1 and Respondent No. 2 are living separately since 2019.

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As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands by the petitioners. FIR No. 225/2023 was lodged at the instance of respondent no. 2 at PS Jamia Nagar under sections 498A/406/34 IPC against the petitioners.

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During the course of proceedings, the parties amicably resolved their disputes before the Counselling Cell, Saket District Courts, Delhi and the terms of settlement were written in the form of a Settlement dated 16.12.2024. Vide order dated 26.08.2025, the learned Family Court has declared that Nikah between petitioner No. 1 and respondent No. 2 stands dissolved. Petitioner no. 1 has paid the entire settlement amount of Rs. 5,00,000/- (Rupees Five Lacs only) along with the admitted articles (as per list attached in the settlement) to respondent no. 2 as per the schedule in the settlement. It is further agreed that the custody of the minor child will be with respondent No.2 and the petitioner No. 1 shall have the visitation rights. Copy of the Settlement dated 16.12.2024 has been annexed as Annexure C.

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CRL.M.C. 7839/2025 Page 2 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.11.2025 18:10:14

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All petitioners except petitioner No. 5 and respondent No. 2 are physically present before the Court while petitioner No. 5 has entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer WSI Shakuntala, from PS Jamia Nagar.

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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 along with articles and has no objection if the FIR No. 225/2023 is quashed against the Petitioners.

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In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 225/2023 is quashed.

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Hon’ble Supreme Court has recognized the need of amicable settlement of disputes in Rangappa Javoor vs The State Of Karnataka And Another , Diary No. 33313/2019, 2023 LiveLaw (SC) 74, Jitendra Raghuvanshi & Ors. vs Babita Raghuvanshi & Anr., (2013) 4 SCC 58 & in Gian Singh vs State of Punjab (2012) 10 SCC 303 .

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Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court

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CRL.M.C. 7839/2025 Page 3 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.11.2025 18:10:14

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can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC .

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In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.

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In the interest of justice, the petition is allowed, and the FIR No. 225/2023, dated 26.06.2023, registered at P.S Jamia Nagar, Delhi under section 498A/406/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

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