ABID ALI SIDDIQUI Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0140/2025, dtd. 17/3/2025, registered at P.S Jamia Nagar under Sec. 85 of BNS (sec. 498A 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 18/9/1998 as per Muslim rites and ceremonies at Delhi. Two daughters and one son were born out of the said wedlock. It is submitted that due to temperamental differences, the couple used to fight and that the Petitioner No.1 remarried in the year 2016 which was later disclosed in the year 2021. Thereafter, Respondent No.2 filed a complaint with CAW Cell which was resolved after counseling. The Respondent No.2 further filed a maintenance petition bearing No. 584/2024 and also lodged the aforesaid FIR against Petitioner No. 1.

(3.) During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding (MoU) dtd. 16/4/2025. In pursuance of the MoU, the parties are living together in the matrimonial home. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the MoU have been fulfilled. The copy of Memorandum of Understanding (MoU) dtd. 16/4/2025 has been placed on record as Annexure P-3.