AKHIL KUMAR ALIAS DEV AND ORS. vs STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 11.07.2025 + CRL.M.C. 4505/2025 AKHIL KUMAR ALIAS DEV AND ORS. .....Petitioner Through: Mr. Viping Mishra, Mr. Akhil Hasija, Mr. Mahesh Kumar, Advs. versus STATE NCT OF DELHI AND ANR .....Respondent Through: Mr. Raghuinder Verma, APP. Ms. Razia, Adv. for complainant and victim. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 19652/2025 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 4505/2025 3. The present petition has been filed, on behalf of the petitioners, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR bearing No. 0341/2022 dated 02.06.2022 for Signature Not Verified Digitally Signed CRL.M.C. 4505/2025 Page 1 of 5 By:RASHIM KAPOOR Signing Date:12.07.2025 15:56:35 offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Mayur Vihar Ph-1, (“subject FIR”) and all consequential proceedings emanating therefrom. 4. The learned counsel for the petitioners submits that petitioner no. 1 is the husband of the respondent no. 2 and their marriage was solemnized on 24.11.2019, in accordance with the Hindu rites and customs. The petitioner no. 2 and petitioner no. 3 are father-in-law and mother-in-law of the respondent no. 2, respectively, while Petitioner No. 4 and Petitioner No. 5 are her brothers-in-law. He submits that due to the irreconcilable and temperamental differences, the marriage of the petitioner no.1 and the respondent no. 2 has suffered an irretrievable breakdown and the parties have been living separately since 04.04.2021. 5. The learned counsel submits that the incompatible behaviour, conduct and temperament of the parties, coupled wi