FIR Registered Under Sections 498A and 406 IPC Quashed After Parties Resolved Issues Through Mediation and Divorce by Khula
In a notable decision, the Delhi High Court has quashed an FIR registered under Sections 498A, 406, and 34 of the Indian Penal Code (IPC) against Mohd Kasim and others. The FIR, stemming from allegations of dowry harassment, was nullified following an amicable settlement between the disputing parties. This decision, delivered by Justice Ravinder Dudeja, reflects the court's commitment to promoting reconciliation in matrimonial disputes where possible.
The case originated from a complaint filed by the second respondent against her husband, Mohd Kasim, and his family. The complaint alleged persistent physical and mental harassment related to dowry demands, leading to the registration of FIR No. 362/2024 at P.S. Jamia Nagar, Delhi. However, during the legal proceedings, both parties were referred to the Mediation Centre at Saket Courts, Delhi, where they successfully resolved their differences.
As part of the mediation process, the parties finalized a settlement on February 7, 2026. The settlement included a financial agreement wherein Mohd Kasim paid the complainant a sum of Rs. 1,50,000. Subsequently, the couple obtained a divorce through Khula, as per Muslim personal laws, on March 7, 2026. The complainant confirmed before the court that she had received the settlement amount and all articles due, and she expressed no objection to the quashing of the FIR.
Justice Dudeja, while exercising the court’s inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deemed it appropriate to quash the FIR, highlighting that the continuation of criminal proceedings would serve no useful purpose. The court recognized that the dispute was private in nature and did not involve any public interest.
This decision underscores the court's inclination towards resolving matrimonial disputes through mediation and settlement, rather than prolonged litigation. It also emphasizes the court’s role in ensuring that justice is served by considering the voluntary nature of settlements in personal disputes.
The judgment mandates that the original affidavits of the parties be submitted to the trial court and the concerned authorities to ensure proper documentation in the court records. With this order, the petition is allowed, and any pending applications related to the case have been disposed of.
Bottom Line :
FIR under Sections 498A/406/34 IPC and consequential proceedings arising out of matrimonial dispute were quashed under Section 528 BNSS on the basis of an amicable settlement, where parties had obtained divorce by Khula, entire settlement amount had been paid, complainant had received articles and stated that she had no objection to quashing.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Penal Code, 1860 Sections 498A, 406, 506, 509, 354C read with Section 34, Dowry Prohibition Act, 1961 Sections 3, 4
Mohd Kasim v. State of Govt. of NCT of Delhi, (Delhi) : Law Finder Doc id # 2989538
