MOHD ASIF & ORS. vs THE STATE GNCT OF DELHI THROUGH SHO PS SARAI ROHILLA & ANR.

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 01.08.2025 ,,,,,,,,,, + CRL.M.C. 1204/2025 MOHD. ASIF & ANR. .....Petitioners Through: Mr. Arshad Ahmad, Adv. along with petitioners in person. versus THE STATE (GNCT OF DELHI) THROUGH SHO, PS SARAI ROHILLA & ANR …..Respondents Through: Mr. Hitesh Vali, APP for the State with ASI Ravinder & ASI Ashok Kumar, PS Sarai Rohilla. 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, 2023, seeking quashing of FIR No. 0125/2017, dated 12.04.2017, registered at P.S Sarai Rohilla under sections 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. 2. It is submitted that marriage between Petitioner No.1 and Respondent No.2 was solemnized on 26.08.2012 as per Muslim rites and ceremonies at Ghaziabad. A male child was born from the said wedlock on 07.05.2013. It is submitted that due to temperamental CRL.M.C. 1204/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:01.08.2025 18:02:07 differences, the couple started living separately since November 2016. Thereafter, Respondent No.2 filed a complaint under section 12 of DV Act and also lodged the aforesaid FIR against the Petitioner No.1 and his family members. The charge sheet was filed under sections 498A/406/34 IPC. 3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 24.01.2025. Prior to the settlement, the parties dissolved their marriage vide deed of divorce (talaq-e-ahsan) on 11.08.2024 which is annexed as Annexure P-12. It is submitted that all the previous complaints and litigations initiated by