$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7888/2025 GAUSE AALAM BANZARA & ORS. .....Petitioners Through: Mr. Deepak Choudhary and Mr.

Manmeet Singh, Advocates alongwith P-1to 3 versus THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Hitesh Vali, APP for the State with Ms. Pragati Gupta and Mr. Samar Singh, Advocates alongwith SI Ruby, P.S.-Inderpuri and ASI Suresh Kumar, P.S.-Traffic Safdarjung Circle Mr. Dilip Kumar, Advocate for R-

2 alongwith R-2 Mr. Abhinav Sekhri, Amicus Curiae CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 04.02.2026 CRL.M.A. 33051/2025 (Exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 7888/2025

1. The petitioners have filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] (corresponding to Section 482 of the Code of Criminal Procedure, 1973 [“CrPC”])

seeking quashing of FIR No. 203/2022 dated 21.03.2022, registered at Police Station Inderpuri, West, Delhi, under Sections 498A, 406, and 34 of the Indian Penal Code, 1860 [“IPC”], alongwith all proceedings emanating therefrom, on the ground that the disputes between the parties have been amicably settled.

2. Issue notice. Mr. Hitesh Vali, learned Additional Public Prosecutor, accepts notice on behalf of the State. Mr. Dilip Kumar, learned counsel, accepts notice on behalf of respondent No.2.

3. The petition is taken up for disposal with the consent of learned counsel for the parties.

4. The impugned FIR was registered at the instance of respondent No. 2, who was the wife of petitioner No. 1. Petitioner Nos. 2 and 3 are the mother and sister of petitioner No. 1, respectively.

5. Petitioner No. 1 and respondent No. 2 were married on 03.01.2019. Thereafter, respondent No. 2 purportedly converted her religion to Islam, and a Nikah ceremony between the parties was solemnised on 02.10.2019, in accordance with Muslim rites, customs, and ceremonies. Owing to matrimonial discord and temperamental differences, the parties have been living separately since 16.06.2021. One female child was born from the relationship on 14.05.2019.

6. Respondent No. 2 lodged a complaint before the Crime Against Women Cell, which culminated in the registration of the impugned FIR on 21.03.2022 against the petitioners.

7. A charge-sheet was subsequently filed on 01.12.2023, and the matter is presently pending before the learned Judicial Magistrate First Class, Mahila Court, Patiala House Courts, New Delhi.

8. During the pendency of the criminal proceedings, the parties asserted that they had amicably resolved their disputes by entering into a Memorandum of Understanding dated 19.01.2023, pursuant to which respondent No. 2 accepted a sum of Rs. 1,00,000/- from petitioner No. 1 towards full and final settlement of all claims.

9. On the basis of the said understanding, the parties jointly filed a suit, being CS. No. 20/2023, seeking dissolution of their marriage by mutual consent before the learned Principal Judge, Family Court, Patiala House Courts, New Delhi. In the facts of the case, the said suit, however, came to be dismissed by order dated 08.10.2024, on the ground of maintainability holding, inter-alia, that there was no valid marriage between petitioner No.1 and respondent No.2.

10. Thereafter, the present petition seeking quashing of the impugned FIR was filed on the basis of the aforesaid settlement. This Court, by order dated 10.11.2025, observed that the disputes between the parties could not be said to be fully and finally resolved, particularly in light of the uncertainty regarding the status of the marriage between the parties, and custody/visitation arrangements with respect to the minor child.

11. In the aforesaid circumstances, and with a view to facilitating a comprehensive and meaningful resolution of all outstanding issues between the parties, this Court deemed it appropriate to refer the parties to mediation. The Court also appointed Mr. Abhinav Sekhr