Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 16166 (DEL)

SHAHZAD & ORS. v. STATE OF NCT & ANR.

CRL.M.C./4438/2026 · 2026-08-19

Madhu Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010267532026 + CRL.M.C. 4438/2026 SHAHZAD & ORS. .....Petitioners Through: Mr. Rahul Tyagi, Adv. Along with all the Petitioners. versus STATE OF NCT & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP with SI J. Tyagi PS: Dayalpur Mr. Kuldeep Sangwan, Adv. for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 19.08.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 18300/2026 2. Allowed subject to all just exceptions. The application is disposed of. CRL.M.C. 4438/2026 3. By way of the present petition filed under Section 482 Cr.P.C. read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) seeking quashing of FIR No.0630/2021, registered at Police Station Dayal Pur, Delhi, under Sections 498A/406/34 of the Indian Penal Code,1860 (hereinafter referred to as the ‘IPC’) read with Sections 85/316(2)/351(2)(3) along with all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties. 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 24/08/2026 at 10:40:41 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 identified by the Investigating Officer (IO) concerned. 6. Briefly stated, the marriage between Petitioner No.1 and Respondent No.2 was solemnized on 18.12.2018 in accordance with Muslim rites and ceremonies. Out of the said wedlock, a child, namely Arhan, was born on 05.06.2012 who is in care and custody of respondent No.2. Owing to some temperamental differences, matrimonial disputes arose between the son of petitioner No.1 and respondent No.2, the parties started residing separately with effect from August 2021. Thereafter, Respondent No.2 lodged the present FIR against the Petitioners. During the pendency of the proceedings, with the intervention of family members and other respectable persons, the parties amicably resolved all their disputes before the Karkardooma Courts, Delhi, and executed a MOU/ Settlement Agreement dated 07.08.2025. 7. Learned counsel for the petitioners submits that, in terms of the Settlement Deed dated the parties agreed to settle all their disputes for a total sum of Rs. 4,00,000/-. He submits that the balance amount of Rs.2,00,000/- (Rupees Two Lakhs only) has been handed over to Respondent No.2 today in Court by way of Demand Draft bearing No. 64675 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. 8. 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 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 24/08/2026 at 10:40:41 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. 9. In view of the fact that the parties have amicably resolved all their disputes, 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. 10. Accordingly, FIR No.0630/2021, registered at Police Station Dayal Pur, Delhi, for the offences punishable under Sections 498A/406/34 of IPC, and read with Sections 85/316(2)/351(2)(3) along with all consequential proceedings emanating therefrom, are hereby quashed. 11. The present petition, along with pending application(s), if any, stands disposed of. 12. Copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance. 13. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 19, 2026/JYH/sd 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 24/08/2026 at 10:40:41