Zafar Hashmi & Ors. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2026)

Zafar Hashmi & Ors. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No. 647/2025 dated 13.10.2025 registered at Police Station Mehrauli for offences under Sections 498A/406/34 IPC together with all consequential proceedings arising therefrom; original affidavits and MoU of the parties to be submitted to the concerned SHO/IO within two weeks.

Issue for consideration

Whether FIR No. 647/2025 dated 13.10.2025 registered at Police Station Mehrauli for offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, should be quashed on the basis of the compromise arrived at between the parties. +1 more

Court's answer

In view of the settlement arrived at between the parties, continuing with the criminal proceedings would serve no useful purpose, as the dispute does not involve any public interest and is primarily private in nature.

Ratio / Principle

Even the complainant (respondent No. 2) does not wish to press any charges against the petitioners.

Key takeaways

Respondent No. 2 affirmed in court that she entered into the settlement without any pressure, coercion or undue influence.ratio¶20
Respondent No. 2 reiterated the terms of the settlement recorded in the MoU dated 12.02.2026 and stated that she would have no objection if the FIR in question is quashed; her affidavit to that effect was placed on record.ratio¶20
Exercising the inherent powers vested in it under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court deemed it appropriate to quash the FIR.ratio

Detailed headnote1 paragraphs

W.P.(CRL) 1093/2026 (High Court of Delhi, Manoj Jain, J., oral judgment dated 6 April 2026): Petitioners sought quashing of FIR No. 647/2025 dated 13.10.2025, Police Station Mehrauli, under Sections 498A/406/34 IPC, arising out of a matrimonial dispute — the marriage between petitioner No. 1 and the complainant (respondent No. 2), solemnized on 28.12.2019 as per Muslim rites, having broken down on account of temperamental differences; the charge-sheet had not yet been filed. On reference to Mediation Centre, Saket, the parties amicably settled the matter on 29.01.2026 and subsequently executed an MoU dated 12.02.2026, pursuant to which they sought talaq-e-mubarat, as recognized under Islamic Law, and the marriage stood dissolved w.e.f. 12.02.2026, respondent No. 2 receiving all her articles and Rs. 4,50,000/- towards full and final settlement in lieu of alimony, dower (Mahr), return of articles and maintenance (Nafaqa) (past, present and future). Respondent No. 2, present in person and duly identified by her counsel and the Investigating Officer, affirmed that the settlement was entered into without any pressure, coercion or undue influence, reiterated the MoU terms, and stated she had no objection to quashing, supported by her affidavit placed on record. Holding that continuing criminal proceedings would serve no useful purpose in a dispute that is primarily private in nature and involves no public interest, and noting that even the complainant did not wish to press charges, the Court, exercising inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, quashed the FIR and all consequential proceedings arising therefrom, and directed that the original affidavits and MoU be submitted to the concerned SHO/IO within two weeks. Petition disposed of in these terms.

$~94

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 6^th April, 2026

- W.P.(CRL) 1093/2026

ZAFAR HASHMI & ORS.

.....Petitioner Through: Mr. Shabbir Ali with Mr. Nihal, Mr. Shehroz, Mr. Sumit Kumar, Mr. Neha Pal, Ms. Aditi Chaudhary, Advocates.

versus

STATE OF NCT OF DELHI & ANR.

.....Respondent Through: Mr. Sanjay Lao, SC (Crl) with SI Naveen Kumar. Mr. Athar Alam with Mr. Ahmad Saleem Khan, Advocates for R-2 with R-2 in person.

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

Petitioners herein seek quashing of FIR No. 647/2025 dated 13.10.2025, registered at Police Station Mehrauli, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 28.12.2019 as per Muslim rites and customs. No child is born from the abovesaid wedlock.

However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

Signature Not Verified

W.P.(CRL) 1093/2026 1

Signed By:SONIA THAPLIYAL Signing Da te:0 7.04.2026 18:40:56

Charge-sheet has yet not been filed.

However, when the matter was referred to Mediation Centre, Saket the parties were able to amicably resolve the matter under the aegis of Mediation Centre, Saket District Court on 29.01.2026.

It is in the abovesaid backdrop that quashing is being sought.

Respondent no. 2 is present in person and she has been duly identified by her counsel as well as by Investigating Officer.

When asked, respondent No.2 submitted that the matter has been amicably settled and she reiterates the terms of settlement as recorded in MoU. She states that she and petitioner no. 1 have sought talaq-e-mubarat , as recognized under Islamic Law, and their marriage stood dissolved w.e.f. 12.02.2026. She states that she has entered into settlement without any pressure, coercion and undue influence and in terms of settlement, she has already received all her articles and a sum of Rs. 4,50,000/- towards full and final settlement inlieu of alimony, Dower (Mahr), return of articles, maintenance ( Nafaqa ) (past, present and future). She, while acknowledging the terms of the settlement, as recorded in MoU dated 12.02.2026, reiterates that she would have ‘ no objection ’ if FIR in question is quashed. Her affidavit to abovesaid effect has also been placed 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 Bharatiya Nagarik Suraksha Sanhita, 2023 , it is deemed

Signature Not Verified

W.P.(CRL) 1093/2026 2

Signed By:SONIA THAPLIYAL Signing Da te:0 7.04.2026 18:40:56

appropriate to quash the instant FIR.

Consequently, to secure the ends of justice, FIR No. 647/2025 dated 13.10.2025, registered at Police Station Mehrauli, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits and MoU of the parties, copies of which have been placed on record in the present proceedings, shall be submitted to concerned SHO/IO within two weeks from today.

The petition stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE

APRIL 6, 2026/ sw/pb

Signature Not Verified

W.P.(CRL) 1093/2026 3

Signed By:SONIA THAPLIYAL Signing Da te:0 7.04.2026 18:40:56