Sameer Khan & Anr. Vs State (Nct of Delhi) & Anr. — Delhi HC (2026) — LawSathi Research

Sameer Khan & Anr. Vs State (Nct of Delhi) & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No. 738/2016 dated 04.11.2016, registered at Police Station Malviya Nagar, Delhi for offences under Sections 498-A/406/34 IPC, together with all consequential proceedings emanating therefrom; the petition and the pending application stand disposed of in those terms.

Issue for consideration

Whether FIR No. 738/2016 dated 04.11.2016, registered at Police Station Malviya Nagar, Delhi for offences under Sections 498-A/406/34 IPC, along with all consequential proceedings arising therefrom, should be quashed on the basis of the compromise arrived at between the parties.

Ratio / Principle

In view of the settlement arrived at between the parties, continuation of the criminal proceedings would serve no useful purpose, especially as the dispute involves no public interest and is primarily private in nature; in any case, even the complainant does not wish to press any charges against the petitioners.

Key takeaways

Exercising its inherent powers under Section 528 of the BNSS, the Court deemed it appropriate to quash the instant FIR.ratio¶¶19
To secure the ends of justice, FIR No. 738/2016 dated 04.11.2016, registered at Police Station Malviya Nagar, Delhi for offences under Sections 498-A/406/34 IPC, is quashed.ratio¶¶19
All consequential proceedings emanating from the FIR are quashed along with the FIR itself.ratio

Detailed headnote1 paragraphs

High Court of Delhi (Manoj Jain, J., oral judgment), CRL.M.C. 1085/2026, decided 09.02.2026: Petition by Sameer Khan & Anr. seeking quashing, on the basis of a settlement, of FIR No. 738/2016 dated 04.11.2016 of P.S. Malviya Nagar, Delhi (Sections 498-A/406/34 IPC), which arose out of a matrimonial dispute between petitioner No. 1 and the complainant (respondent No. 2), married on 03.07.1998 according to Muslim rites. The complainant, joining through video-conferencing (even on the day of her son's wedding), affirmed that she had entered into the settlement voluntarily and without force or coercion, was residing happily with her husband and in-laws, wished no further action, and had no objection to quashing; her affidavit to that effect was on record. Holding that, in view of the settlement, continuing criminal proceedings would serve no useful purpose where the dispute involves no public interest and is primarily private in nature — the complainant herself not wishing to press charges — the Court exercised its inherent powers under Section 528 of the BNSS and quashed the FIR along with all consequential proceedings emanating therefrom. Petition and pending application disposed of accordingly.

$~62

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 9^th February, 2026

- CRL.M.C. 1085/2026 SAMEER KHAN & ANR. .....Petitioner Through: Ms. Fareha Khursheed, Advocate. versus

STATE (NCT OF DELHI) & ANR. .....Respondent Through: Mr. Sunil Kumar Gautam, APP. Mr. Mujeeb Khan, Advocate for R-2 along with respondent.

CORAM: HON’BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

Petitioners herein seek quashing of FIR No. 738/2016 dated 04.11.2016, registered at Police Station Malviya Nagar, Delhi for commission of offences under Sections 498-A/406/34 IPC, along with all consequential proceedings arising 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 03.07.1998 according to Muslim rites and customs.

However, on account of some matrimonial dispute, respondent No.2 reported the matter to police which resulted in registration of abovesaid FIR. 4. Both the sides have entered into settlement and have started living together in complete harmony and, therefore, the present petition has been filed seeking quashing of FIR.

Respondent No.2, who has joined the proceedings through video-conferencing submits that she has entered into settlement voluntarily

Signature Not Verified

CRL.M.C. 1085/2026

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Signed By:SONIA THAPLIYAL Signing Da te:1 1.02.2026 10:21:56

and without any force and coercion and is residing happily with husband. She states that, in fact, wedding of their son is scheduled for today and despite such wedding ceremony, since the petition was listed for hearing today she has joined the proceedings through video-conferencing . She has been duly identified by IO and learned counsel for respondent No.2.

She reiterates the terms of settlement and submits that she is living happily with her husband and in-laws and does not want any further action and would have no objection if the FIR in question is quashed.

Her affidavit to that effect is also on record.

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. 10. Consequently, to secure the ends of justice, FIR No. 738/2016 dated 04.11.2016, registered at Police Station Malviya Nagar, Delhi for commission of offences under Sections 498-A/406/34 IPC, along with all consequential proceedings emanating therefrom, is hereby, quashed.

The petition stands disposed of in aforesaid terms.

Pending application also stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE

FEBRUARY 9, 2026/ sw/pb

Signature Not Verified

CRL.M.C. 1085/2026

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Signed By:SONIA THAPLIYAL Signing Da te:1 1.02.2026 10:21:56