Arbaz & Ors v. The State Govt. of NCT of Delhi and Anr

O R D E R %

25.08.2026

¶1This hearing has been done through hybrid mode.

¶2By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), the petitioners seek quashing of FIR No. 507/2022, registered at Police Station Jaitpur, Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), and all consequential proceedings emanating therefrom, on the basis of the settlement arrived at between the parties.

¶3Issue notice. Learned APP accepts notice on behalf of the State.

¶4The petitioners and respondent No. 2 are present before this Court and have been duly identified by their respective counsel and the Investigating Officer concerned.

¶5Brief facts of the case are that respondent No. 2 had married petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. No. 1 on 30.05.2020 according to Muslim rites and ceremonies. A daughter, namely Ayana, was born out of the said wedlock. Owing to disputes and differences between the parties, petitioner No. 1 and respondent No. 2 started residing separately with effect from 04.04.2022. Thereafter, respondent No. 2 lodged a complaint before the CAW Cell, Sriniwas Puri, which culminated in the registration of the present FIR under Sections 498A/406/34 IPC. The investigation was completed and charge-sheet was filed before the learned Trial Court.

¶6It is submitted that during the pendency of the proceedings, the parties, with the intervention of their common friends, well-wishers and respectable persons, amicably resolved their disputes and decided to resume their matrimonial relationship.

¶7It is further submitted that pursuant to the settlement, respondent No. 2 resumed cohabitation with petitioner No. 1 on 20.03.2024, along with their minor daughter, and since then the parties have been residing together peacefully as husband and wife. A Memorandum of Understanding dated

04.07.2026 has also been executed between the parties in this regard.

¶8On a query made by this Court, respondent No. 2, who has been duly identified by the Investigating Officer and her counsel, categorically states that the settlement has been entered into by her out of her own free will and without any force, coercion, pressure or undue influence. She further states that she is presently residing with petitioner No. 1 along with their minor daughter and has no subsisting grievance against the petitioners. She further states that she has no objection if the present FIR and all consequential proceedings emanating therefrom are quashed.

¶9In view of the fact that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. matrimonial disputes, have resumed cohabitation and are presently living together peacefully as husband and wife along with their minor daughter, no useful purpose would be served by continuing the criminal proceedings. Rather, continuation of the same would only result in further acrimony and disturb the matrimonial relationship between the parties.

¶10In the facts and circumstances of the present case, and particularly in view of the voluntary settlement between the parties and the fact that respondent No. 2 has no objection to the quashing of the proceedings, this Court is of the view that continuation of the criminal proceedings would amount to an abuse of the process of law. It would, therefore, be in the interest of justice to exercise the inherent jurisdiction of this Court under Section 528 of the BNSS.

¶11Accordingly, FIR No. 507/2022, registered at Police Station Jaitpur, Delhi, for the offences punishable under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom, are hereby quashed.

¶12The present petition is disposed of. Pending application(s), if any, also stand disposed of.

¶13Copy of the order be communicated to the learned Trial Court for necessary information and compliance.

¶14The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 25, 2026/JYH/P The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010399742026 + CRL.M.C. 6293/2026 ARBAZ & ORS. .....Petitioners Through: Mohammad Raja, Adv. with petitioners in person. versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Hemant Mehla, APP with ASI Shiv Raj, PS Jaitpur. R-2 in person. CORAM: HON'BLE MS. JUSTICE MADHU JAIN