Sh Naiim & Ors. Vs the State (Nct of Delhi) & Anr.

¶1

$~25

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(CRL) 252/2026 & CRL.M.A. 2488/2026 CRL.M.A. 2489/2026 SH NAIIM & ORS. .....Petitioners Through: Mr. Shabahat Hussain, Mr. Tej Pratap, Advocates for petitioner No.1 to 6. All petitioners in-person.

¶4

versus

¶5

THE STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Sanajy Lao, Standing Counsel for the State. SI Abhishek Singh, P.S. Wazirabad. Mr. Imtiyaz Hussain, Advocate for R- 2 alongwith respondent No.2.

¶6

%

¶7

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R 13.02.2026

¶8

By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 815/2024 dated 26.12.2024 registered under sections 406/34/498-A of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Wazirabad, Delhi.

¶9

The petition is premised on Deed of Divorce by Mutual Consent ( Mubarat ) attested on 25.10.2025 that has been signed between petitioner No.1 and respondent No.2, whereby the parties are stated to

¶10

W.P.(CRL) 252/2026

¶11

Page 1 of 3

¶12

This is a digitally signed order.

¶13

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 28/02/2026 at 13:13:41

¶14

have dissolved their marriage irrevocably by mutual consent under Muslim personal law.

¶15

The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs.

¶16

The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

¶17

Neither of the parties has challenged the Mubarat in any manner.

¶18

The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a settlement has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), meher/iddat , dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 2,25,000 /-from petitioner No. 1; which amount has already been paid, in compliance of the terms of the settlement. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

¶19

Mr. Sanjay Lao, learned Standing Counsel confirms that the State has no objection to the subject FIR being quashed.

¶20

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all

¶21

W.P.(CRL) 252/2026

¶22

Page 2 of 3

¶23

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 28/02/2026 at 13:13:41

¶24

subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

¶25

That being said however, in view of the observations made by a Division Bench of this court in judgment dated 07.11.2024 in MAT. APP.(F.C.) No. 37/2023, it is made clear that nothing in this order is to be construed as this court having given its imprimatur to the Mubarat signed between petitioner No.1 and respondent No.2.

¶26

Accordingly, FIR No. 815/2024 dated 26.12.2024 registered under sections 406/34/498-A of the IPC at P.S.: Wazirabad, Delhi is quashed. All proceedings arising therefrom also stand closed.

¶27

Petition stands disposed-of.

¶28

Pending applications, if any, also stand disposed-of.

¶29

ANUP JAIRAM BHAMBHANI, J

¶30

FEBRUARY 13, 2026 V.Rawat

¶31

W.P.(CRL) 252/2026

¶32

Page 3 of 3

¶33

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 28/02/2026 at 13:13:41

Sh Naiim & Ors. v. the State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Sh Naiim & Ors. v. the State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Vinod Vinode Bhole Vs State (Nct of Delhi) & Anr.

Asma & Anr. Vs the State of NCT of Delhi & Ors.

Chander Prakash Vs State (Govt of NCT of Delhi)

Riha Gupta and Anr. Vs State of NCT of Delhi and Ors.

Pradeep Kumar Vs State of NCT of Delhi

Sanjana Kumari Vs the State of Govt of NCT of Delhi and Ors.

Pippal Singh Vs State (Govt of NCT of Delhi) & Ors.

Mujassim Vs the State Govt. of N.Ct Delhi and Ors.

Vinod Vinode Bhole Vs State (Nct of Delhi) & Anr.

Mr. Praveen Raj Purohit Vs Directorate of Revenue Intelligence

Chander Prakash Vs State (Govt of NCT of Delhi)

Yogesh Thapar @ Sahil & Ors. Vs Foreigner Regional Registration Officer & Anr.

Suraj & Ors. Vs the State NCT of Delhi & Anr.

Mr. Chaina Ram Bardwal and Ors. Vs State Govt. of NCT of Delhi and Anr.