MOHD. ARIF & ORS. vs THE STATE OF GOVT OF NCT OF DELHI & ANR.

Judgment text excerpt

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 04.08.2025 ,,,,,,,,,, + CRL.M.C. 5210/2025 & CRL.M.A. 22513/2025EXEMPTION MOHD. ARIF & ORS. .....Petitioners Through: Mr. Mohd. Tahir Qidwai & Mr. M. Sameer Alam, Advs. along with petitioners in person versus THE STATE OF NCT OF DELHI & ANR. … Respondents Through: Mr. Hitesh Vali, APP for the State with SI Akshay Dagar, PS Shaheen Bagh Mr. Samar Inam Khan, Adv. for R-2 along with R-2 in person. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J. 1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0130/2022, dated 12.02.2022, registered at P.S Shaheen Bagh, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. 2. The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 13.01.2019 as per Muslim rites and customs at Delhi. A boy child was born out of the said wedlock. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 CRL.M.C. 5210/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:04.08.2025 17:58:29 started living separately since 21.07.2021. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment and threats on account of dowry demands by the petitioners. She further submits that petitioners have made several attempts to kill her and her child and was also subjected to sexual assault. Chargesheet has since been filed under section 498A/406/506/34 IPC against the petitioners. 3. During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 21.08.2024 at Counselling Cell, Saket Co