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2026 DAILYLAW 17550 (DEL)

NASIM & ORS. v. THE STATE OF NCT & ANR.

CRL.M.C./6549/2026 · 2026-09-07

Madhu Jain

body2026

Judgment text

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$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010416962026 + CRL.M.C. 6549/2026 NASIM & ORS. .....Petitioners Through: Mr. Shahid Ahmed and Ms. Shabnam, Advs. Petitioner-in-person versus THE STATE OF NCT & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP Respondent no.2-in-person SI Sunita PS Pul Prahaladpur CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.09.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 27375/2026 (seeking exemption) 2. Allowed subject to all just exceptions. The application is disposed of. CRL.M.C. 6549/2026 3. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the petitioners seek quashing of FIR No. 384/2021, registered at Police Station Pul Prahaladpur, Delhi, under Sections 498A/406/34 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. 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 09/09/2026 at 11:30:25 5. The Petitioner and Respondent No.2 are present before this Court and have been identified by the Investigating Officer (IO) concerned. 6. The brief facts of the case are that Petitioner No.1, Nasim, married Respondent No.2 on 23.04.2018 according to Muslim rites, and they have a minor son. Due to matrimonial differences, the parties started living separately on 31.07.2019, resulting in various proceedings between them. During the pendency of the disputes, the parties amicably settled their disputes through mediation at Saket Courts on 03.02.2026. Pursuant to the settlement, the parties resumed cohabitation and are presently living together peacefully as husband and wife along with their minor child. 7. Under the settlement, the parties have agreed to withdraw the pending proceedings and abide by the agreed terms, including maintenance of ₹5,000 per month and sharing of medical and ration expenses. Respondent No.2 has also agreed to provide her NOC/affidavit and cooperate in the quashing of the FIR.Learned counsel for the petitioner submits that, pursuant to the settlement arrived at between the parties, both parties have resumed cohabitation and are presently living together peacefully as husband and wife. 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 influence. She further states that the settled amount is being 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 their 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 09/09/2026 at 11:30:25 matrimonial disputes, resumed cohabitation and have been living together, no useful purpose would be served by continuing the criminal proceedings. Rather, continuation thereof would only result in 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. 384/2021, registered at Police Station Pul Prahaladpur, Delhi, for the offences punishable under Sections 498A/406/34 of IPC, and 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 SEPTEMBER 7, 2026/b/rm 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 09/09/2026 at 11:30:25