Mohd. Afsar Vs the State (Govt. of NCT of Delhi) and Anr. — Dowry and Cruelty | Delhi HC (2026)

Mohd. Afsar Vs the State (Govt. of NCT of Delhi) and Anr. — Dowry and Cruelty | Delhi HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR No.2814/2014 dated 31.12.2014 registered at PS.: Mehrauli, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom; the petition, along with the pending application (CRL.M.A. 8642/2026), disposed of in the aforesaid terms.

Issue for consideration

Whether FIR No.2814/2014 dated 31.12.2014 registered at PS Mehrauli, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom should be quashed in view of the Settlement Agreement dated 22.11.2019 between the petitioner and respondent no.2, in a petition under Section 528 BNSS 2023.

Court's answer

Since a settlement was voluntarily arrived at between the petitioner and respondent no.2 (with supporting affidavits) and there is nothing left to corroborate and prove the prosecution case, continuation of FIR No.2814/2014 against the petitioner would be an exercise in futility; the Court followed the Supreme Court decisions in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466.

Ratio / Principle

The petition is allowed: FIR No.2814/2014 dated 31.12.2014 registered at PS Mehrauli, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom are quashed.

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute (Ss. 498A/406/34 IPC) — petition under S. 528 BNSS 2023 — parties had entered Settlement Agreement dated 22.11.2019 before Mediation Centre, Saket Courts; respondent no.2 confirmed receipt of Rs.1,50,000/- as full and final settlement of all present, past and future claims including alimony and maintenance; marriage dissolved as per Muslim Law; parties and credentials identified by the Investigating Officer; learned APP for the State had no objection to quashing — following Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, since nothing remained to corroborate and prove the prosecution case, continuation of the FIR would be an exercise in futility — petition allowed; FIR No.2814/2014 (PS Mehrauli, dt. 31.12.2014) and all proceedings emanating therefrom quashed; petition and pending application disposed of (Saurabh Banerjee, J., 01.04.2026).

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 2094/2026 & CRL.M.A. 8642/2026 MOHD. AFSAR .....Petitioner

Through: Mr. Ghan Shyam Singh, Adv.

versus

THE STATE (GOVT. OF NCT OF DELHI) AND ANR

.....Respondents

Through: Mr. Satish Kumar, APP for the State with Ms. Upasana Bakshi and Ms. Divya Bakshi, Advs. Mr. Sandeep Kumar, Adv. for R-2 SI- Ankita

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R

% 01.04.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seeks quashing of FIR No.2814/2014 dated 31.12.2014 registered at PS.: Mehrauli, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of the Settlement Agreement dated 22.11.2019 [ Annexure E ] arrived between the petitioner and the respondent no.2 before the Mediation Centre, Saket Courts, New Delhi, which is accompanied by their respective proofs of identities.

Issue notice. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Settlement Agreement dated 22.11.2019, whereby she is already in receipt of the total settlement amount of Rs.1,50,000/-, paid by the petitioner as full and final settlement of all her

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present, past and future claims including alimony, maintenance, etc. Respondent no.2 further submits that her marriage with the petitioner has since been dissolved as per Muslim Law, and as such, she has no objection to the quashing of the aforesaid FIR.

The petitioner and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the Investigating Officer.

Facts disclose that a settlement has already been arrived voluntarily between the petitioner and respondent no.2 and the present petition is accompanied by their respective affidavit(s) to the aforesaid effect. In view thereof, the they shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. As such, following the law laid down by the Hon’ble Supreme Court in Jitendra Raghuvanshi & Ors. vs. Babita Raguvanshi & Anr. (2013) 4 SCC 58 , Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466 , since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioner will be an exercise in futility.

Thus, the present petition is allowed and FIR No.2814/2014 dated 31.12.2014 registered at PS.: Mehrauli, Delhi under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are hereby quashed. 7. Accordingly, the present petition, along with the pending application, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J.

APRIL 01, 2026/Ab

This is a digitally signed order.

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 06/04/2026 at 10:34:53