EHTESHAM NAYAB & ORS. v. STATE (NCT OF DELHI) & ANR.
CRL.M.C./2538/2023 · 2026-08-19
Madhu Jain
body2023
DailyLaw.ai
[ 2023 DAILYLAW 7528 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 7528 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010130642023 + CRL.M.C. 2538/2023 & CRL.M.A. 9637/2023 EHTESHAM NAYAB & ORS. .....Petitioners Through: Mr. S.S. Hora, Adv. versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Manoj Pant, APP for State. Mr. M.Z. Khan and Ms. Pragya Mishra, Advs. for R2. SI Harish Kumar, PS Chandni Mahal
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 19.08.2026
1. This hearing has been done through hybrid mode.
2. The principal ground urged for quashing of the FIR is the settlement arrived at between the parties.
3.
Learned counsel for the respondent submits that petitioner No. 1 has left the country without permission of the Court and is presently residing in Dubai. It is further submitted that, in the execution proceedings pending before the learned Trial Court, a Look Out Circular (LOC) has already been issued against him.
4. He further submits that no charges have been framed against petitioner Nos. 2, 3 and 4 by the learned Trial Court.
5.
Learned counsel for the petitioner submits that respondent No. 2 expired on 25.07.2025 and, therefore, the proceedings qua him stand abated.
6. It is further submitted that respondent Nos. 3 and 4 already stand 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 21/08/2026 at 11:35:32
discharged and no appeal has been preferred by any of the parties against the said order. Accordingly, the petition qua them has also become infructuous.
7. Insofar as petitioner No. 1 is concerned, though a Mediation Settlement is on record, both sides have raised allegations and counter-allegations regarding non-compliance with the terms thereof. It is also not disputed that petitioner No. 1 has left India and is presently residing in Dubai, and an LOC has been issued against him.
8. It is further borne out from the orders passed by the learned Mahila Court in the execution proceedings instituted by respondent No. 1 that petitioner No. 1 has not been paying maintenance.
9. In view of the aforesaid facts and circumstances, no ground is made out for quashing of the FIR. Accordingly, the present petition is dismissed. Pending application(s), if any, also stand disposed of.
10. The order be uploaded on the website of this Court forthwith.
MADHU JAIN, J AUGUST 19, 2026/b/PG 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 21/08/2026 at 11:35:32