Allowed

Atif Faizan & Ors. v. State (Government of NCT of Delhi) & Anr.

Delhi HC27 Jul 2026CRL.M.C./5215/2026

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR registered under Sections 498A/323/506/509/34 IPC after mutual settlement before the Delhi Mediation Centre, with the marriage dissolved by Mubaratnama. The court allowed the petition, holding continuation of proceedings futile, and quashed the FIR and all emanating proceedings.

What did the court decide?

FIR No.587/2021 dated 01.10.2021 registered at PS Sarai Rohilla under Sections 498A/323/506/509/34 IPC and all proceedings emanating therefrom quashed.

Atif Faizan & Ors. Vs State (Government of NCT of… — Matrimonial and Divorce | Delhi HC (2026)

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$~71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5215/2026, CRL.M.A. 21892/2026

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ATIF FAIZAN & ORS. .....Petitioner Through: Mr. Naved and Mr. Sunder, Advs.

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versus

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STATE (GOVERNMENT OF NCT OF DELHI) & ANR.

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.....Respondents

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Through: Mr. Satish Kumar, APP with Ms. Upasana Bakshi, Divya Bakshi and Mr. Aditya Vikram Singh, Advocates ASI Har Swaroop, PS.: Sarai Rohilla Mr. Jabbar Hussain and Mr. Anubhav, Advs. for R-2

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 27.07.2026

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seek quashing of FIR No.587/2021 dated 01.10.2021 registered at PS.: Sarai Rohilla, Delhi under Sections 498A/323/506/509/34 of the Indian Penal Code, 1860 (IPC) , and all proceedings emanating therefrom as the petitioner and respondent no.2 have mutually settled all their disputes before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide Mediation Settlement dated 11.09.2025 ( Annexure P2) whereby the petitioner no.1 and the respondent no.2 have mutually resolved their disputes.

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Issue notice.

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This is a digitally signed order.

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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 30/07/2026 at 14:32:42

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

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Learned counsel for the respondent no.2 also accepts notice and submits that the respondent no.2 has no objection if the present petition is allowed.

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This Court has further had the occasion of interacting with the petitioners as well as the respondent no.2, who all are present in Court. They affirm the terms of the aforesaid Mediation Settlement dated 11.09.2025, and out of the total settlement amount of Rs.4,00,000/, the petitioner has already paid her the settlement amount of Rs.2,00,000/- and the remaining sum of Rs.2,00,000/- has been paid to her by way of two Demand Drafts being DD No.300619 and DD No.300620 both dated 14.07.2026 and drawn on Bank of Baroda as full and final settlement of all her present, past and future claims including alimony, maintenance, etc. They submit that the marriage inter se the respondent no.2 and petitioner no.1 has since been dissolved by mutual Divorce/ Mubaratnama on 17.12.2025, and as such, the parties have agreed to put a quietus to their disputes. Respondent no.2 hence submits that she does not wish to continue with the aforesaid FIR against the petitioner.

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

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As noted above, a settlement based on mutual terms between the petitioner and the respondent no.2 is the basis of filing the present petition, which is accompanied by their respective affidavit(s) qua the said effect. In view thereof, the present is a fit case for quashing the aforesaid FIR.

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This is a digitally signed order.

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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 30/07/2026 at 14:32:42

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Accordingly, 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 , and also since there is nothing left to corroborate and prove the case of the prosecution, continuation of the present FIR will be an exercise in futility. 8. Therefore, the present petition is allowed and FIR No.587/2021 dated 01.10.2021 registered at PS.: Sarai Rohilla, Delhi under Sections 498A/323/ 506/509/34 of the IPC as also all proceedings emanating therefrom are hereby quashed.

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Accordingly, the present petition is disposed of in the aforesaid terms.

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SAURABH BANERJEE, J

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JULY 27, 2026/ bh

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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 30/07/2026 at 14:32:42

Atif Faizan & Ors. v. State (Government of NCT of Delhi) & Anr.

Case brief

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Atif Faizan & Ors. v. State (Government of NCT of Delhi) & Anr.

Case brief

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