SACHIN GAUR vs STATE OF NCT OF DELHI & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: April 04, 2025 + CRL.M.C. 1381/2017 & CRL.M.A. 5587/2017 SACHIN GAUR .....Petitioner Through: Mr. Anubhav Gupta, Mr. Manish Kaushik, Mr. Mishal Johari, Mr. Ajit Joher & Mr. Yashpriya Sahran, Advocates Mr. Madhav Khurana, Senior Advocate with Mr. Teeksh, Advocate (Amicus Curiae) Versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Satinder Singh Bawa, Additional Public Prosecutor for Respondent- State CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Petition under Section 482 of Code of Criminal Procedure, 1973 (‘Cr.P.C.’ hereinafter) has been filed against the Order dated 25.02.2017 whereby learned Metropolitan Magistrate (Mahila Court), Rohini, Delhi has allowed the Application under Section 311 Cr.P.C. filed by Respondent No.2 Ms. Neelam Gaur and permitted the evidence affidavit of her father- Surinder Kumar Sharma. Signature Not Verified Digitally Signed By:VIKAS ARORA CRL.M.C. 1381/2017 Page 1 of 12 Signing Date:09.04.2025 15:39:18 2. Briefly stated, Petitioner, Sachin Gaur got married to Respondent No.2- Ms. Neelam Gaur on 01.02.202002 and two children were born from their wedlock. 3. Respondent No.2- Ms. Neelam Gaur preferred a Complaint CC No. 100200/16 under Section 12 read with Sections 17,18,19,20,22 & 23 of Protection of Women from Domestic Violence Act, 2005 (‘DV Act’ hereinafter) before the learned Metropolitan Magistrate. She also lodged FIR No. 214/2009, under Sections 406/498/34 of the Indian Penal Code, 1860 (‘IPC’ hereinafter) at Police Station Keshavpuram, Delhi on 22.07.2009, against the Petitioner and his family members. 4. During pendency of the DV Act proceedings, Respondent No.2-Ms. Neelam Gaur preferred an Application under Section