Delhi High Court – Orders
Mohammad Shadab And Ors vs The State Nct Of Delhi And Anr on 14 July, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4555/2025 & CRL.M.A. 19835/2025
MOHAMMAD SHADAB AND ORS .....Petitioners
Through: Mr. Faizan Ahmed Khan, Mr. Mohd.
Shameen, Advocates with Petitioner
No. 1 in person (through VC)
Petitioner No. 2 to 5 in person
versus
THE STATE NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Hemant Mehla, APP for State
with ASI Deshpal Singh, PS Narela
Complainant in person
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 14.07.2025
1. The present petition filed under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 20231 (erstwhile Section 482 of the Code of Criminal
Procedure, 19732) seeks quashing of FIR No. 0661/20243 registered under
Sections 85/316/351(2)/79/3(5) of the Bharatiya Nyaya Sanhita, 20234
(erstwhile Sections 498A/405/506/509/34 of the Indian Penal Code, 18605)
at P.S. Narela and all other proceedings emanating therefrom.
2. Petitioner No. 1 is the husband of Respondent No. 2 (Complainant).
1
“BNSS”
2
“Cr.P.C.”
3
“Impugned FIR”
4
“BNS”
5
“IPC”
CRL.M.C. 4555/2025 Page 1 of 6
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Petitioners No. 2 to 5 are the in-laws of Respondent No. 2. The marriage
between Petitioner No. 1 and Respondent No. 2 was solemnized on 17th
July, 2022 as per Muslim rites and customs. There is no child from this
marriage. Due to matrimonial discord, the relationship between the parties
deteriorated. Several efforts for reconciliation were made, but to no avail.
3. Subsequently, Respondent No. 2 filed a complaint against the
Petitioners, alleging that she was subjected to cruelty by them, which later
culminated into the impugned FIR.
4. The present petition is filed on the ground that the matter is amicably
settled between the parties on their own free will, without any coercion,
pressure or undue influence. Pursuant thereto, Memorandum of
Understanding6 dated 01st July, 2025 has been executed between Petitioner
No. 1 and Respondent No. 2. Petitioner No. 1 has returned the stridhan and
gift articles belonging to Respondent No. 2. Additionally, the parties have
dissolved their marriage in accordance with Muslim Sharia Law/Talaq-E-
Ahsan. Respondent No. 2 has also agreed to withdraw all proceedings
pending before various courts.
5. In light of the foregoing, counsel for the parties jointly prayed for the
quashing of the impugned FIR. Respondent No. 2, who is present before this
Court in person, gives no objection to the quashing of the impugned FIR. An
affidavit to this effect is also on record. She further states that although she
has not received any maintenance from the Petitioners, she has received all
her gift articles as of 23rd June, 2025. Upon specific query of the Court,
Respondent No. 2 confirms that she is fully aware of her legal right to claim
maintenance from the Petitioners, but has voluntarily chosen to waive off
CRL.M.C. 4555/2025 Page 2 of 6
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the same. The Court also enquired whether she wished to be represented by
legal counsel, to which she responded in the negative.
6. The Court has considered the afore-noted facts. Notably, the offence
under Section 85 of BNS is non-compoundable while offences under
Sections 316/351(2)/79 of BNS are compoundable in certain cases.
7. It is well-established that the High Courts, in exercise of their powers
under Section 528 of BNSS (formerly Section 482 of Cr.P.C.), can
compound offences which are non-compoundable on the ground that there is
a compromise between the accused and the complainant. In Narinder Singh
& Ors. v. State of Punjab & Anr.,7 the Supreme Court laid down guidelines
for High Courts while accepting settlement deeds between parties and
quashing the proceedings. The relevant observations in the said decision
read as under:
“29. In view of the aforesaid discussion, we sum up and lay down the
following principles by which the High Court would be guided in
giving adequate treatment to the settlement between the parties and
exercising its power under Section 482 of the Code while accepting
the settlement and quashing the proceedings or refusing to accept the
settlement with direction to continue with the criminal proceedings:
29.1. Power conferred under Section 482 of the Code is to be
distinguished from the power which lies in the Court to compound the
offences under Section 320 of the Code. No doubt, under Section 482
of the Code, the High Court has inherent power to quash the criminal
proceedings even in those cases which are not compoundable, where
the parties have settled the matter between themselves. However, this
power is to be exercised sparingly and with caution.
29.2. When the parties have reached the settlement and on that basis
petition for quashing the criminal proceedings is filed, the guiding
factor in such cases would be to secure:
6
“MOU”
7
(2014) 6 SCC 466
CRL.M.C. 4555/2025 Page 3 of 6
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(i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on
either of the aforesaid two objectives.
29.3. Such a power is not to be exercised in those prosecutions
which involve heinous and serious offences of mental depravity or
offences like murder, rape, dacoity, etc. Such offences are not
private in nature and have a serious impact on society. Similarly, for
the offences alleged to have been committed under special statute
like the Prevention of Corruption Act or the offences committed by
public servants while working in that capacity are not to be quashed
merely on the basis of compromise between the victim and the
offender.
29.4. On the other hand, those criminal cases having overwhelmingly
and predominantly civil character, particularly those arising out of
commercial transactions or arising out of matrimonial relationship or
family disputes should be quashed when the parties have resolved
their entire disputes among themselves.
29.5. While exercising its powers, the High Court is to examine as to
whether the possibility of conviction is remote and bleak and
continuation of criminal cases would put the accused to great
oppression and prejudice and extreme injustice would be caused to
him by not quashing the criminal cases.”
[Emphasis Supplied]
8. Similarly, in the case of Parbatbhai Aahir & Ors. v. State of Gujarat
& Anr.,8 the Supreme Court had observed as under:
“16. The broad principles which emerge from the precedents on the
subject, may be summarised in the following propositions:
16.1. Section 482 preserves the inherent powers of the High Court to
prevent an abuse of the process of any court or to secure the ends of
justice. The provision does not confer new powers. It only recognises
and preserves powers which inhere in the High Court.
16.2. The invocation of the jurisdiction of the High Court to quash a
first information report or a criminal proceeding on the ground that a
settlement has been arrived at between the offender and the victim is8
(2017) 9 SCC 641CRL.M.C. 4555/2025 Page 4 of 6
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not the same as the invocation of jurisdiction for the purpose of
compounding an offence. While compounding an offence, the power of
the court is governed by the provisions of Section 320 of the Code of
Criminal Procedure, 1973. The power to quash under Section 482 is
attracted even if the offence is non-compoundable.
16.3. In forming an opinion whether a criminal proceeding or
complaint should be quashed in exercise of its jurisdiction under
Section 482, the High Court must evaluate whether the ends of justice
would justify the exercise of the inherent power.
16.4. While the inherent power of the High Court has a wide ambit
and plenitude it has to be exercised (i) to secure the ends of justice, or
(ii) to prevent an abuse of the process of any court.
16.5. The decision as to whether a complaint or first information
report should be quashed on the ground that the offender and victim
have settled the dispute, revolves ultimately on the facts and
circumstances of each case and no exhaustive elaboration of
principles can be formulated.
16.6. In the exercise of the power under Section 482 and while
dealing with a plea that the dispute has been settled, the High Court
must have due regard to the nature and gravity of the offence.
Heinous and serious offences involving mental depravity or offences
such as murder, rape and dacoity cannot appropriately be quashed
though the victim or the family of the victim have settled the dispute.
Such offences are, truly speaking, not private in nature but have a
serious impact upon society. The decision to continue with the trial
in such cases is founded on the overriding element of public interest
in punishing persons for serious offences.
16.7. As distinguished from serious offences, there may be criminal
cases which have an overwhelming or predominant element of a civil
dispute. They stand on a distinct footing insofar as the exercise of the
inherent power to quash is concerned.
16.8. Criminal cases involving offences which arise from commercial,
financial, mercantile, partnership or similar transactions with an
essentially civil flavour may in appropriate situations fall for
quashing where parties have settled the dispute.
16.9. In such a case, the High Court may quash the criminal
proceeding if in view of the compromise between the disputants, the
possibility of a conviction is remote and the continuation of a criminal
CRL.M.C. 4555/2025 Page 5 of 6
This is a digitally signed order.
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proceeding would cause oppression and prejudice; and
16.10. There is yet an exception to the principle set out in propositions
16.8. and 16.9. above. Economic offences involving the financial and
economic well-being of the State have implications which lie beyond
the domain of a mere dispute between private disputants. The High
Court would be justified in declining to quash where the offender is
involved in an activity akin to a financial or economic fraud or
misdemeanour. The consequences of the act complained of upon the
financial or economic system will weigh in the balance.”
[Emphasis Supplied]
9. Considering the nature of dispute and the fact that the parties have
amicably entered into a settlement, this Court is of the opinion that the
present case is fit to exercise jurisdiction under Section 528 of BNSS as no
purpose would be served by keeping the dispute alive and continuance of the
proceedings would amount to abuse of the process of Court.
10. In view of the above, the impugned FIR No. 0661/2024, P.S. Narela,
and all consequential proceedings arising therefrom are hereby quashed.
11. The parties has abide by the terms of the settlement.
12. The present petition is allowed in the aforesaid terms.
SANJEEV NARULA, J
JULY 14, 2025/ab
CRL.M.C. 4555/2025 Page 6 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 16/07/2025 at 22:05:26