CRL.M.C./2140/2025 of MOHD. FARMAN & ORS. Vs THE STATE & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2140/2025

MOHD. FARMAN & ORS.

.....Petitioners

Through: Petitioners with their counsel Mr. Rajkumar and Mohd. Arif, Advs. Rajkumar and Mohd. Arif, Advs.

versus

THE STATE & ANR. .....Respondents Through: Mr. Naresh Kumar Chahar, APP for the State. R-2 with her counsel Through: Mr. Naresh Kumar Chahar, APP for the State. R-2 with her counsel

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R R% 23.07.2025

CRL.M.A. 9582/2025 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

CRL.M.C. 2140/2025

3.By way of the present petition, the petitioners seek quashing of FIR bearing no. 0243/2019, registered at Police Station Seelampur, Delhi, for commission of offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter ‘IPC’) and Section 4 of the Dowry Prohibition Act, 1961 (hereafter ‘DP Act’).

4.Issue notice. The learned APP accepts notice on behalf of the State.

5.All the petitioners and respondent no. 2 are present before this Court

and have been identified by their counsel and Investigating Officer (IO)

from Police Station Seelampur, Delhi.

6.Brief facts of the present case are that the marriage between petitioner no.1 and respondent no. 2 was solemnized on 26.02.2014 according to Muslim rites and customs. Two children namely Mohd. Umar and Abdullah were born out of their wedlock. Due to temperamental differences, parties started living separately since 10.12.2018. It is stated that on the complaint of respondent no. 2, the present FIR was registered at the concerned Police Station. During pendency of the case, both the parties had amicably settled their disputes before the learned PJFC (N/E), Karkardooma Courts, Delhi on 31.01.2025 and had obtained decree of divorce, by way of mutual consent, before the concerned Court.

7.On query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between them vide Compromise Deed dated 05.02.2025. Respondent no. 2 further states that she has received the remaining settled amount of Rs. 4,00,000/- in cash before the concerned Court.

8.The learned counsel for the petitioners submits that the affidavits showing the protection of interest of minor children as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava: (2020) 20 SCC 787 passed by the Hon’ble Supreme Court have been filed and the same are on record. Petitioner no. 1 herein states that he has signed the Settlement deed having understood that he has visitation rights to meet his children only once in month.

9.In view of the above fact that the parties have amicably resolved their

differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

10.Accordingly, FIR bearing no. 0243/2019, registered at Police Station Seelampur, Delhi, for commission of offence punishable under Sections 498A/406/34 of IPC and Section 4 of the DP Act and all consequential proceedings emanating therefrom are quashed.

11.In view of above, the present petition stands disposed of.

12.The order be uploaded on the website forthwith.

JULY 23, 2025/A

DR. SWARANA KANTA SHARMA, J