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2025 DAILYLAW 548 (DEL)

MOHD ANEES & ORS. v. THE STATE & ANR.

W.P.(CRL)/1209/2025 · 2026-03-10

Anup Jairam Bhambhani

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(CRL) 1209/2025 $~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1209/2025 MOHD ANEES & ORS. .....Petitioners Through: Mr. Raj Kumar and Mr. Ahmad Ali Haidri, Advocates alongwith petitioners. versus THE STATE & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State. SI Udit, P.S.: New Usmanpur. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 10.03.2026 By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 0460/2024 dated 29.08.2024 registered under sections 85 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) and section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 at P.S.: New Usmanpur, North East District, Delhi. 2. The petition is premised on समझौतानामा and मुबारतनामा/खुलानामा both dated 04.02.2025. 3. The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 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 16/03/2026 at 16:53:03 W.P.(CRL) 1209/2025 4. The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel. 5. The parties have confirmed that no child was born from the wed-lock. 6. Neither of the parties has challenged the मुबारतनामा/खुलानामा in any manner. 7. It is submitted that the parties have not engaged in any monetary settlement. 8. Mr. Sanjay Lao, learned Standing Counsel confirms that the State has no objection to the subject FIR being quashed. 9. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 10. That being said however, in view of the observations made by a Division Bench of this court in judgement dated 07.11.2024 in MAT.APP.(F.C.) No. 37/2023, it is made clear that nothing in this order is to be construed as this court having given its imprimatur to the समझौतानामा and मुबारतनामा/खुलानामा signed between petitioner No.1 and respondent No.2. 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 16/03/2026 at 16:53:03 W.P.(CRL) 1209/2025 11. Accordingly, case FIR No. 0460/2024 dated 29.08.2024 registered under sections 85 of the BNS and section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 at P.S.: New Usmanpur, North East District, Delhi is quashed. All proceedings arising therefrom also stand closed. 12. The present petition stands disposed-of. 13. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 10, 2026 V.Rawat 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 16/03/2026 at 16:53:03