MONBIR @ MONU & ORS. vs STATE (GNCT OF DELHI) & ANR.

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16.07.2025 + W.P.(CRL) 1256/2025 MONBIR @ MONU & ORS. .....Petitioners Through: Mr. Sunil Kumar Rai & Ms. Priti Rashmi, Advocates Versus STATE (GNCT OF DELHI) & ANR. .....Respondents Through: Mr. Sanjay Lao, ASC (Crl.) for State with Mr. Abhinav Arya & Mr.Aryan Sachdeva, Advocates with with SI Bharti, PS Jaffarpur Kalan CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) Crl.M.A. 11838/2025 1. For the reasons stated in the application, delay of 19 days in re- filing the petition is condoned. 2. The application is disposed of. Crl.M.A. 11838/2025 3. Allowed subject to all just exceptions. 4. The application is disposed of. W.P.(CRL) 1256/2025 5. The present petition has been filed by the petitioners, under Article 226 of Constitution of India, read with Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. Signature Not Verified Digitally Signed CRL.M.C. 1256/2025 Page 1 of 5 By:RASHIM KAPOOR Signing Date:17.07.2025 18:52:27 201/2022, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at police station Jaffarpur Kalan, Delhi and all consequential proceedings arising therefrom. 6. The learned counsel for the petitioners submits that the petitioner no.1 is the husband of respondent no.2 and their marriage got solemnized on 19.04.2014, in accordance with the Hindu rites and customs at Delhi and a girl child was born out of the said wedlock. However, owing to certain misunderstandings, the parties started living separately. 7. The learned counsel submits that the marriage of the parties suffered an irretrievable breakdown, attributable to the temperamental incompatibility between petitioner no.1 and respondent no.2. He submit