Nayyar Abbas Vs the State NCT of Delhi and Another

Petitioner seeks quashing of FIR No. 513/2025 dated 15.12.2025, registered at P.S. Ghazipur, under Sections 64(1)/351(3) BNS, 2023 (corresponding Sections 376/506 IPC), along with all consequential proceedings arising therefrom, on the basis of settlement arrived at between the parties.

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The marriage between respondent No.2 and son of petitioner was solemnized on 13.10.2014 as per Muslim rites and customs. However, due to certain temperamental differences, they started living separately.

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On account of matrimonial discord, a complaint was lodged by respondent No.2, which resulted into registration of abovesaid FIR. Fact, however, remains that in her such complaint, she has made allegation of sexual assault against her father-in-law. There was no allegation against anyone, including her husband.

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There is now amicable settlement and copy of Memorandum of Settlement dated 29.12.2025 has been placed on record. As per terms of such

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Signature Not Verified

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CRL.M.C. 85/2026

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1

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Signed By:SONIA THAPLIYAL Signing Da te:0 7.02.2026 14:17:02

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settlement, respondent No.2 and her husband have already withdrawn their other respective cases, and have already obtained declaration of divorce by way of mutual consent/ Mubarat on 04.02.2026 from Competent Court. They have compromised all their disputes, with the intervention of relatives, friends, and well-wisher.

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Parties are present in Court and the Court has interacted with them.

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During course of the arguments, when asked, Respondent No.2 reiterated the terms of settlement and stated that she had agreed to accept a sum of Rs. 50 lacs as full and final settlement in lieu of alimony, Dower (Mahr), maintenance (Nafaqah), return of articles, (past, present and future). The entire amount of Rs. 50 lacs has already been duly received by her. She, therefore, submits that she would have no objection if FIR in question is quashed.

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Learned counsel for respondent No.2 is also present and he also submits that he had represented her before learned Judge, Family Court and submits that respondent No.2 has already received the entire amount in lieu of her legal rights and has obtained decree of declaration of divorce by Mubarat . 8. Respondent No.2 admits and acknowledges that the present FIR was lodged by her under some misunderstanding and utter confusion and that it merely emanated from the matrimonial discord, which she had with her husband.

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An affidavit to the effect has also been placed on record.

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The Investigating Officer (I.O.) and learned counsel for respondent No.2 are present and duly identify respondent No.2.

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There is one child born from the said wedlock, whose custody shall remain with Mother-respondent No.2, with visitation rights to Father/son of

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Signature Not Verified

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CRL.M.C. 85/2026

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2

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Signed By:SONIA THAPLIYAL Signing Da te:0 7.02.2026 14:17:02

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petitioner and the father will keep on paying the maintenance @ Rs. 6,000/per month to the child, as per the terms of the Settlement Agreement dated 29.12.2025.

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It is also undertaken by learned Counsel for the parties that, as and when the decree of declaration of divorce is made available, they would place on record copy thereof. Let it be done.

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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. The registration of FIR seems to be an offshoot of matrimonial discord and the parties have already agreed to part ways in amicable manner. Undoubtedly, respondent No. 2 should have shown and demonstrated requisite restraint and should not have come up with any unwarranted exaggeration of facts and allegations.

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Be that as it may, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR. 15. Consequently, to secure the ends of justice, FIR No. 513/2025 dated 15.12.2025, registered at P.S. Ghazipur, under Sections 64(1)/351(3) BNS, 2023, along with all consequential proceedings emanating therefrom, is hereby, quashed.

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