Mohd. Zia & Ors. Vs State NCT of Delhi & Anr.

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$~70

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 12^th March, 2026

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- CRL.M.C. 1792/2026

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MOHD. ZIA & ORS. .....Petitioners

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Through: Ms. Geetanjali Rana, Mr. Sunil Kumar Advocates with petitioners in person.

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versus

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STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Raj Kumar, APP for the State with ASI Mohd Javed, PS Jafrabad Ms. Shivani Singh, Advocate for respondent No.2 with respondent No.2 in person.

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CORAM:

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

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The present petition seeks quashing of FIR No. 262/2017 dated 29.06.2017, registered at Police Station Jafrabad, for commission of offences under Sections 498A/406/34 of IPC, along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties.

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The marriage between petitioner No.1 and respondent No.2 was solemnized on 08.11.2012 as per Muslim rites and ceremonies. There is no child from the abovesaid marriage. However, on account of some temperamental differences between the parties, they started residing separately since 2016.

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The abovesaid FIR was registered on the basis of complaint made by the respondent No.2 with P.S. Jafrabad.

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Signature Not Verified

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CRL.M.C. 1792/2026

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1

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Signed By:SONIA THAPLIYAL Signing Da te:1 3.03.2026 18:06:31

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The chargesheet has already been filed, albeit , the charges are yet to be framed.

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Fact, however, remains that, in the interregnum, both the parties have entered into settlement and the terms of settlement have been reduced in writing on 12.03.2024.

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Petitioners are present in Court.

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Respondent No.2 is present in Court and is represented by her counsel. 8. The Investigating Officer is also present in Court and identifies respondent No.2.

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When asked, respondent No.2 reiterated the terms of settlement and submits that she has agreed to accept a total sum of Rs.1,38,000/- from the petitioners herein in lieu of mehar amount, iddat expenses, permanent alimony, istridhan , maintenance (present, past & future). She submits that she has already received a sum of Rs.88,000/- and the balance amount of Rs.50,000/- has been received today by her in the shape of a Demand Draft bearing No.007898 dated 11.03.2026 drawn on HDFC Bank. Parties have already taken divorce and a certificate to the abovesaid effect has also been placed on record.

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Respondent No.2 submits that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have ‘ no objection ’ if FIR in question is quashed. Her affidavit to abovesaid effect is also on record.

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In view of the settlement arrived between the parties, continuing with criminal proceedings would serve no useful purpose especially when dispute does not involve any public interest or interest of the society at large. In any case, even the complainant does not wish to press any charges against the petitioners.

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Signature Not Verified

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CRL.M.C. 1792/2026

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2

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Signed By:SONIA THAPLIYAL Signing Da te:1 3.03.2026 18:06:31

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Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the FIR instant. 13. Consequently, to secure the ends of justice, FIR No. 262/2017 dated 29.06.2017, registered at Police Station Jafrabad, for commission of offences under Sections 498A/406/34 of IPC along with all consequential proceedings emanating therefrom, is hereby, quashed subject to petitioners depositing total cost of Rs.25,000/- with concerned Delhi Legal Services Authority (DLSA) within two weeks.

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Proof of deposit of such cost as well as Original Compromise Deed dated 12.03.2024 and original affidavits of petitioners and respondent No.2, copies of which have been filed with the present petition, shall be submitted before the learned Trial Court on or before 30.03.2026 so that these become part of Trial Court Record.

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