Riyaz Ahmad Wani & Ors v. The State NCT of Delhi & Anr

J U D G M E N T (oral)

¶1Petitioners herein seek quashing of FIR No. 1648/2014 dated

05.12.2014, registered at Police Station Malviya Nagar, 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.

¶2The marriage between complainant (respondent No.2 herein) and petitioner No.1 was solemnized on 01.09.2013, as per Muslim rites and customs with Mehr amount of Rs.11,000/-. No child is born from the

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abovesaid wedlock.

¶3However, on account of temperamental differences, the parties started residing separately from 01.01.2014 and when a complaint was lodged by respondent No.2, it resulted into registration of the abovesaid FIR.

¶4Charge-sheet has already been filed but charges are yet not ascertained.

¶5With the intervention of common friends and relatives, parties have entered into a comprehensive Memorandum of Understanding (MoU) dated

13.08.2026 and have been able to resolve all their disputes and have decided to part ways gracefully as there is no chance of there being any re-union between them.

¶6It is in the abovesaid backdrop that quashing is being sought.

¶7Respondent no. has joined the proceedings through video-conferencing and she has been duly identified by her counsel as well as by Investigating Officer.

¶8When asked, respondent No.2 submitted that the matter has been amicably settled and she reiterates the terms of settlement as recorded in MoU. She states that she and petitioner no. 1 have taken decision to seek talaq-e-mubarat as recognized under Islamic Law as there is no chance of reunion between them and have decided to file a joint petition seeking divorce. She states that she has entered into settlement without any pressure, coercion and undue influence and in terms of settlement, she has voluntarily relinquished all her claims with respect to 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

13.08.2026, reiterates that she would have 'no objection' if FIR in question is quashed. Her affidavit to abovesaid effect has also been placed on record.

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¶9Petitioner, who is present in person, undertakes to comply with the terms of Settlement Agreement and states that a joint petition would be filed seeking dissolution of marriage by 'Mubarat'.

¶10In 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.

¶11Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

¶12Consequently, to secure the ends of justice, FIR No. 1648/2014 dated

05.12.2014, registered at Police Station Malviya Nagar, 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 before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

¶13Let appropriate steps for the purpose of filing petition seeking dissolution of marriage by mutual consent be taken within eight weeks from today.

¶14The petition stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE AUGUST 31, 2026/d.negi/sk

CRL.M.C. 6374/2026 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 31st August, 2026 # CNR No. DLHC010405042026 + CRL.M.C. 6374/2026&CRL.M.A. 26615-26616/2026 RIYAZ AHMAD WANI & ORS. .....Petitioner Through: Mr. Adil Muneer Andrabi, Ms. Shahnaz Akhtar and Mr. Adesh Nandal, Advocates. P-1 in person. versus THE STATE NCT OF DELHI & ANR .....Respondent Through: Mr. Satinder Singh Bawa, APP for the State. Mr. Feroz Khan, Mr. Meahul Roy and Ms. Shabnam Chaudhary, Advocates for R-2. SI Braj Prakash, PS: Malinga Nagar. Wife, Heena Khan, through VC. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN