Delhi High Court
CRL.M.C./7322/2026 of IRFAN ALI & ANR. Vs STATE GOVT OF NCT OF DELHI AND ANR on 29 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010469752026 + CRL.M.C. 7322/2026 IRFAN ALI & ANR. .....Petitioners Through: Mr. Dorab Sabharwal and Mr. Sidharth Bansal, Advs. versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP for State. SI Pawan
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IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010469752026
+
CRL.M.C. 7322/2026
IRFAN ALI & ANR.
.....Petitioners
Through:
Mr. Dorab Sabharwal and Mr.
Sidharth Bansal, Advs.
versus
STATE GOVT OF NCT OF DELHI AND ANR
.....Respondents
Through:
Mr. Digam Singh Dagar, APP for
State.
SI Pawan Kumar Yadav, P.S.
Sunlight Colony.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN
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O R D E R
% 29.09.2026
1. This hearing has been done through hybrid mode. CRL.M.A. 30628/2026 (exemption)
2. Allowed subject to all just exceptions. The application is disposed of. CRL.M.C. 7322/2026
3. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) read with Article 226 of the Constitution of India, the petitioners seek quashing of FIR No. 76/2019, registered at Police Station Sunlight Colony, Delhi, for the offences punishable under Sections 498A, 406 and 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.
4. Issue notice. Learned APP for the State accepts notice on behalf of the State.
5. The petitioners and Respondent No. 2 are present before this Court and have been duly identified by the Investigating Officer (IO) concerned.
6. Briefly stated, the marriage between Petitioner No. 1 and Respondent No. 2 was solemnised on 05.01.2014 as per Islamic rites and customs. In May 2018, Respondent No. 2 left the matrimonial home and did not return thereafter. On 05.10.2018, Respondent No. 2 lodged a complaint against Petitioner No. 1 and his family members, which culminated in the registration of FIR No. 76/2019 at P.S. Sunlight Colony under Sections 498A, 406, and 34 of IPC. Upon completion of the investigation, the charge-sheet was filed, and the learned Trial Court took cognizance and summoned the accused persons.
7. Vide order dated 25.10.2024, the learned Trial Court discharged the other accused persons, namely Juber, Nasrin, Rizwan, Gufran @ Gulfam and Chandani, while charges under Sections 498A and 34 of IPC were framed against Petitioner Nos. 1 and 2. During the course of trial, Respondent No. 2 was examined and partly cross-examined. Thereafter, on 16.03.2026, Respondent No. 2 expressed her desire to settle the dispute, pursuant to which the matter was referred to mediation. The parties subsequently arrived at an amicable settlement, the terms whereof were recorded on 18.04.2026. The parties also dissolved their marriage through triple talaq, and the marriage stood dissolved as on 18.06.2026. Accordingly, the petitioners have approached this Court seeking quashing of the FIR, charge-sheet and all proceedings emanating therefrom on the basis of the settlement.
8. Learned counsel for the petitioners submits that, in terms of the Settlement Deed dated 18.04.2026, the parties agreed to settle all their disputes for a total sum of Rs. 3,00,000/- (Rupees Three Lakhs only). Learned counsel for the petitioners submits that the balance amount of Rs. 1,00,000/- (Rupees One Lakh only) has been handed over to Respondent No. 2 today in Court by way of cash. 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.
9. 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 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.
10. 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.
11. FIR No. 76/2019, registered at Police Station Sunlight Colony, Delhi, for the offences punishable under Sections 498A, 406, and 34 of IPC, and all consequential proceedings emanating therefrom, are hereby quashed.
12. The present petition, along with pending application(s), if any, stands disposed of.
13. A copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance.
14. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 29, 2026/prg/yt