Mr. Faheem Alam, Adv. with the v. THE STATE GOVT OF NCT OF DELHI ORS

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 919/2025 MASNOON@ SABLU & ORS. .....Petitioners Through: Mr. Faheem Alam, Adv. with the petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Satish Kumar, APP for State with Ms. Divya Bakshi, Adv. along with SI Prince Rajput, PS Neb Sarai Mr. Javed Husain, Mr. Harinder Chauhan and Ms. Amreen, Advs. for R-3 with R-3 in person. CORAM:HON'BLE MR. JUSTICE AJAY DIGPAULO R D E R% 15.10.20251.The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed on behalf of the petitioners praying for the quashing of FIR no. 338/2023, registered at Police Station – Neb Sarai, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2.The brief facts concerning the present dispute are that the marriage between petitioner no. 1 and respondent no. 3 was solemnized on 20.08.2017, according to Muslim rites and ceremonies. However, due to some temperamental differences between them, shortly after their marriage, they started living separately. 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 25/10/2025 at 14:15:28

3.Despite efforts of reconciliation, both the parties could not settle their differences, pursuant to which respondent no. 3 got FIR no. 338/2023 registered. 4.However, at this stage, with the intervention of family members and relatives, the parties have now entered into a settlement on 02.03.2024. The terms and conditions of the said settlement are mentioned in the Settlement (Hereinafter “Settlement”) which is annexed as “Annexure-P-2” to the petition. 5.Learned counsel appearing on behalf of the petitioners submitted that respondent no. 3 has settled all her disputes of any nature whatsoever with the petitioners for a sum of ₹ 5,10,000/-, out of which a remaining amount of ₹3,00,000/- was agreed to be paid at the time of quashing of the FIR. 6.As per the submission of learned counsel for the respondent no. 3, a divorce decree/talaq dated 05.07.2025 was obtained by the parties, and their divorce was to operate with effect from the date of the third talaq, i.e., 25.05.2024. 7.At this juncture, the petitioners have handed over a sum of Rs. 3,00,000/- in cash to the respondent no. 3. 8. It is, thus, prayed that the instant FIR be quashed on the basis of the Settlement dated 02.03.2024. 9.Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made on behalf of the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 10.Heard learned counsel for the parties and perused the record. 11.The instant criminal proceedings concern non-compoundable offences 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 25/10/2025 at 14:15:28 that are private in nature and do not have a serious impact on society, especially considering that there is a settlement/compromise between the victim and the accused. 12.In such cases, it is settled law that High Court is also required to consider the conduct and antecedents of the accused in order to ascertain that the settlement has been entered into by her own free will and has not been imposed upon her by the petitioners or any person related to them. 13.In the case of State of Madhya Pradesh vs. Laxmi Narayan and Ors., (2019) 5 SCC 688, the Hon’ble Supreme Court held that the powers conferred under Section 482 of the CrPC/Section 528 of the BNSS, can be exercised by the Courts to quash criminal proceedings featuring non-compoundable offences, when the matter arises out of matrimonial or family disputes. Moreover, it is pertinent to satisfy the Court that the said non-compoundable offences are private in nature and do not have a serious impact on society. 14.Furthermore, it was observed by the Hon’ble Supreme Court in the case of Ramgopal and Ors. vs. The State of Madhya Pradesh, 2021 INSC 568, that the extraordinary power enjoined upon the High Courts under Section 482 of the CrPC/Section 528 of the BNSS can be invoked even when such a case falls within the ambit of non-compoundable offences, given that the Court is satisfied that the nature of the offence does not impact the conscience of society, and that the compromise between the parties is voluntary and amicable. 15.The petitioners are present before this Court and have been identified by their counsel and the Investigating Officer, Police Station – Neb Sarai. Respondent no. 3 is also present in the Court and has been identified by her 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 25/10/2025 at 14:15:28 counsel and the concerned Investigating Officer. 16.In the present case, the complainant/respondent no.3 is present in Court and has categorically stated that she has entered into compromise and settled the entirety of disputes with the petitioners amicably and of her own free will, without any pressure or coercion. There is also no allegation from respondent no.3 that the conduct and antecedents of petitioners have been bad towards her after entering into this compromise. Further, she submits that she has no objection to the present FIR being quashed as she does not wish to pursue the instant case any further. 17.Therefore, in view of the settlement which has been arrived at between the parties and the law laid down by the Hon’ble Supreme Court, the present petition is allowed. Accordingly, FIR bearing no. 338/2023, registered at Police Station Neb Sarai, for offences punishable under Sections 498A/406/34 of the IPC, and all the consequential proceedings emanating therefrom stand quashed qua the present petitioners. 18.Children from the wedlock, if any, are free to assert their rights in accordance with law. 19.The petition, along with pending application(s), if any, stands disposed of. AJAY DIGPAUL, JOCTOBER 15, 2025Sk/av