Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 892/2026 BABAR & ORS. .....Petitioners Through: Ms. Zeba, Advocate alongwith petitioners in person
versus
THE STATE OF DELHI SHO NEW USMANPUR & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State R-2 in person
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 03.02.2026
1. By way of the present petition, the petitioners seek quashing of FIR
bearing no. 703/2024, registered at Police Station New Usmanpur, Delhi, for the commission of offence punishable under Sections 115(2)351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereafter ‘BNS’) and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
2. The petitioners and respondent no. 2 are present before this Court and have been identified by their counsels and concerned Investigating Officer
(IO) from Police Station New Usmanpur, Delhi.
3. Brief facts of the present case are that the marriage between the
petitioner no.1 and respondent no. 2 was solemnized on 19.09.2010, as per Muslim rites and ceremonies at Delhi. It is stated that three children were born out of the said wedlock. Due to certain matrimonial discord and temperamental differences, respondent no. 2 had left the matrimonial home on 18.09.2024. On the complaint of respondent no. 2, the present FIR was registered against the petitioners.
4. During pendency of the trial, the matter was compromised between
the parties before the Counselling Cell, Family Court, North East District, Karkardooma Court, Delhi vide Settlement Deed dated 17.10.2025 and since then, the parties are living together.
5. On a 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. Respondent no. 2 further states she has no objection, if the present FIR is quashed.
6. 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.
7. Accordingly, FIR bearing no. 703/2024, registered at Police Station
New Usmanpur, Delhi, for the commission of offence punishable under Sections 115(2)351(3)/3(5) of BNS, 2023 and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and all consequential proceedings emanating therefrom are quashed.
8. In view of above, the present petition stands disposed of.
9. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J FEBRUARY 03, 2026/ns/R