CRL.M.C./7492/2026 of MOHD JAFIR AND ORS Vs STATE NCT OF DELHI AND ANR on 6 October 2026

O R D E R

% 06.10.2026

1. This hearing has been done through hybrid mode.

2. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the petitioners seek quashing of FIR No. 440/2022, registered at Police Station Narela Industrial Area, Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code,1860 (hereinafter referred to as the ‘IPC’), along with all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties.

3. Issue Notice. Learned APP for the state as well as learned counsel for respondent no.2 accept notice on behalf of the respective respondents.

4. The Petitioners and Respondent No.2 are present before this Court. Respondent No.2 has been identified by her counsel as well as the Investigating Officer (IO) concerned.

5. Briefly stated, Petitioner No. 1 was married to Respondent No. 2 on 18.08.2013 at Bawana, Delhi, in accordance with Muslim rites and ceremonies. One son was born out of the said wedlock, who is presently in the custody of Respondent No. 2. With the passage of time, matrimonial differences arose between the parties, resulting in registration of the present FIR and institution of the consequential criminal proceedings. During the pendency of the aforesaid proceedings parties amicably resolved their disputes and entered into a settlement vide Settlement Deed dated 20.01.2026. Pursuant to the aforesaid settlement, Respondent No. 2 and Petitioner No. 1 have already dissolved their marriage in accordance with Muslim Personal Law by mutual consent through Talaq-e-Mubarat dated 18.08.2026.

6. Learned counsel for the petitioners submits that, in terms of the Settlement Deed dated 20.01.2026, the parties agreed to settle all their disputes for a total sum of Rs. 1,60,000/-. He submits that the balance amount of Rs.80,000/- (Rupees eighty thousand) has been handed over to Respondent No.2 today in Court by way of Demand Draft bearing No. 958865. It is further submitted that, with the said payment, the terms and conditions of the settlement stand fully complied with and nothing further remains to be paid by either party under the settlement.

7. On a query made by this Court, Respondent No.2, who has been duly identified by the IO, categorically states that she has entered into the settlement out of her own free will, without any force, coercion or undue influence. She further states that the entire settled amount has been received by her and that she has no surviving claim whatsoever against the Petitioners. She has no objection if the present FIR and all proceedings emanating therefrom are quashed.

8. In view of the fact that the parties have amicably resolved all their disputes, the marriage already stands dissolved, the entire settlement amount has been paid, and Respondent No.2 has no objection to the quashing of the FIR, no useful purpose would be served in continuing the criminal proceedings. Rather, continuation thereof would only perpetuate unnecessary litigation between the parties. There is no legal impediment to quashing the FIR in the facts and circumstances of the present case.

9. Accordingly, FIR No. 440/2022, registered at Police Station Narela Industrial Area, Delhi, for the offences punishable under Sections 498A/406/34 of IPC, and all consequential proceedings emanating therefrom, are hereby quashed.

10. The present petition, along with pending application(s), if any, stands disposed of.

11. Copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance.

12. The order be uploaded on the website forthwith. MADHU JAIN, J OCTOBER 6, 2026/b/RM