MANISH PANDEY & ORS. vs STATE GNCT OF DELHI & ANR.

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 02.07.2025 + CRL.M.C. 3876/2025, CRL.M.A. 16936/2025 MANISH PANDEY & ORS. .....Petitioners Through: Ms. Mukta Sharma, Adv. with petitioners in person. versus STATE GNCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with W/SI Manish, Ps Mandawali. Mr. Kapil Anand, Adv. for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. The present petition is filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR bearing No. 627/2022 dated 23.09.2022 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 at Police Station Mandawali Fazalpur, East Delhi, and all consequential proceedings emanating therefrom. 2. The learned counsel for the petitioners submits that petitioner Signature Not Verified Digitally Signed CRL.M.C. 3876/2025 Page 1 of 5 By:RASHIM KAPOOR Signing Date:03.07.2025 16:59:55 no. 1, petitioner no. 2 and petitioner no. 3 are the husband, brother-in- law and mother-in-law, respectively, of the respondent no. 2. The marriage between the petitioner no. 1 and the respondent no. 2 was solemnized on 28.06.2012, in accordance with the Hindu rites and customs at Delhi and a male child, namely, Kartikay Pandey was born out of the said wedlock. 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 April, 2018. 3. The learned counsel submits that the incompatible behaviour, conduct and temperament of the parties, coupled with raising demands of dowry and increasing harassment, led to regi