W.P.(CRL)/1093/2026 of ZAFAR HASHMI & ORS. Vs STATE OF NCT OF DELHI & ANR.

W.P.(CRL) 1093/2026 1 $~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 6thApril, 2026 + W.P.(CRL) 1093/2026 ZAFAR HASHMI & ORS. .....Petitioner Through: Mr. Shabbir Ali with Mr. Nihal, Mr. Shehroz, Mr. Sumit Kumar, Mr. Neha Pal, Ms. Aditi Chaudhary, Advocates. versus STATE OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Sanjay Lao, SC (Crl) with SI Naveen Kumar. Mr. Athar Alam with Mr. Ahmad Saleem Khan, Advocates for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners herein seek quashing of FIR No. 647/2025 dated 13.10.2025, registered at Police Station Mehrauli, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 28.12.2019 as per Muslim rites and customs. No child is born from the abovesaid wedlock. 3. However, on account of temperamental differences, the parties started residing separately and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR. W.P.(CRL) 1093/2026 2 4. Charge-sheet has yet not been filed. 5. However, when the matter was referred to Mediation Centre, Saket the parties were able to amicably resolve the matter under the aegis of Mediation Centre, Saket District Court on 29.01.2026. 6. It is in the abovesaid backdrop that quashing is being sought. 7. Respondent no. 2 is present in person and she has been duly identified by her counsel as well as by Investigating Officer. 8. When asked, respondent No.2 submitted that the matter has been amicably settled and she reiterates the terms of settlement as record ed in MoU. She states that she and petitioner no. 1 have sought talaq-e-mubarat, as recognized under Islamic Law , and their marriage stood dissolved w.e.f. 12.02.2026. She states that she has entered into settlement without any pressure, coercion and undue influence and in terms of settlement, she has already received all her articles and a sum of Rs. 4,50,000/- towards full and final settlement inlieu of alimony, Dower (Mahr), return of articles, maintenance (Nafaqa) (past, present and future). She, while acknowledging the terms of the settlement, as recorded in MoU dated 12.02.2026, reiterates that she would have ‘no objection’ if FIR in question is quashed. Her affidavit to abovesaid effect has also been placed on record. 9. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners. 10. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 , it is deemed W.P.(CRL) 1093/2026 3 appropriate to quash the instant FIR. 11. Consequently, to secure the ends of justice, FIR No. 647/2025 dated 13.10.2025, registered at Police Station Mehrauli, for commission of offences under Sections 498A/406/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits and MoU of the parties, copies of which have been placed on record in the present proceedings, shall be submitted to concerned SHO/IO within two weeks from today. 12. The petition stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE APRIL 6, 2026/sw/pb