SAINBANO RAFIQUE SHAIKH @ SHAHIN SEIKH AND ORS v. STATE GOVT OF NCT OF DELHI AND ANR.
CRL.M.C./5626/2026 · 2026-08-06
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15482 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15482 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~105 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC011106732025 + CRL.M.C. 5626/2026 CRL.M.A. 23530/2026 CRL.M.A. 23532/2026 SAINBANO RAFIQUE SHAIKH @ SHAHIN SEIKH AND ORS .....Petitioners Through: Mr. Amit Singh, Adv. Petitioners-in-person versus STATE GOVT OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP with Ms. Kalpana Jha and Mr. Siddharth Shankar Jha, Advs. SI Surender Singh, PS Bhlaswa Dairy. Respondent no.2-in-person
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.08.2026
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. 280/2022, registered at Police Station Bhalswa Dairy, District Outer North, Delhi, for the offences punishable under Sections 498A/406/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), along with the charge sheet dated 29.12.2023, the cognizance/summoning order dated 01.08.2024 passed by the learned JMFC (Mahila Court)-I, and all consequential proceedings emanating therefrom, on 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 11/08/2026 at 11:24:55
the basis of an amicable settlement arrived at between the parties.
3. Issue notice.
4. Learned APP for the State accepts notice on behalf of the State.
5. The petitioners, who are present through video conferencing, and Respondent No.2, who is present before this Court, have been duly identified by the Investigating Officer as well as their respective learned counsel.
6. Briefly stated, the marriage between Petitioner No.1 and Respondent No.2 was solemnized on 15.10.2019 in accordance with Muslim rites and customs. Owing to matrimonial discord and temperamental differences, disputes arose between the parties. Consequently, FIR No.280/2022 came to be registered against the petitioners. During the pendency of the proceedings, the parties amicably resolved all their disputes and, in accordance with their personal law, dissolved their marriage by way of Khula on 16.07.2024. It is submitted that all claims between the parties have been settled and nothing further remains outstanding.
7.
Learned counsel for the petitioners submits that, pursuant to the settlement, the marriage between the parties stands dissolved by way of Khula and all disputes have been amicably resolved. It is submitted that the terms of settlement have been duly complied with and no dispute now survives between the parties.
8. On a query put by this Court, Respondent No.2, who has been duly identified by the Investigating Officer, categorically states that she has entered into the settlement voluntarily, out of her own free will, without any force, coercion or undue influence. She further states that she has received the entire settled amount and has no surviving claim whatsoever against the petitioners. She has no objection if the present FIR, the charge sheet, the summoning order 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 11/08/2026 at 11:24:55
and all consequential proceedings are quashed.
9. Learned APP for the State submits that the offences arise out of a matrimonial dispute. In view of the settlement arrived at between the parties and the statement made by Respondent No.2 before this Court, the State leaves the matter to the discretion of this Court.
10. This Court has considered the submissions advanced by the learned counsel for the parties. Since the parties have amicably resolved all their disputes, the marriage already stands dissolved by way of Khula, Respondent No.2 has acknowledged receipt of the entire settlement amount and has expressed no objection to the quashing of the criminal proceedings, no useful purpose would be served by permitting the proceedings to continue. Rather, continuation thereof would only perpetuate unnecessary litigation between the parties. There is no legal impediment to quashing the FIR and all consequential proceedings in the facts and circumstances of the present case.
11. Accordingly, FIR No. 280/2022, registered at Police Station Bhalswa Dairy, District Outer North, Delhi, under Sections 498A/406/506/34 IPC, along with the charge sheet dated 29.12.2023, the cognizance/summoning
order dated 01.08.2024, and all consequential proceedings arising therefrom, are hereby quashed.
12. The present petition, along with pending application(s), if any, stands
disposed of.
13. A copy of this order be communicated to the concerned Trial Court for information and necessary compliance.
14. The order be uploaded on the website forthwith.
MADHU JAIN, J AUGUST 6, 2026/b/P 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 11/08/2026 at 11:24:55