RAHUL SHARMA vs THE STATE (GOVT OF NCT DELHI) AND ANR.

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07.07.2025 + W.P.(CRL) 2033/2025 RAHUL SHARMA .....Petitioner Through: Mr. Himanshu Mehra, Adv. with Petitioner-in-person. versus THE STATE (GOVT OF NCT DELHI) AND ANR. .....Respondents Through: Mr. Amol Sinha, ASC for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan, Ms. Chavi Lazarus and Ms. Sanskriti Nimbekar, Advs. with SI Vijay Pal Singh, P.S. C.W.C. Nanak Pura, Delhi. Ms. Harsimran Kaur Rai and Mr. Harpuneet Singh Rai, Advs. for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 18998/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(CRL) 2033/2025, CRL.M.A. 18999/2025 3. The present petition has been filed by the petitioner invoking Signature Not Verified Digitally Signed W.P.(CRL) 2033/2025 Page 1 of 4 By:RASHIM KAPOOR Signing Date:08.07.2025 14:43:46 the jurisdiction of this Court under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 99/2023 dated 04.12.2023 for the offences punishable under Sections 498A and 34 of the Indian Penal Code, 1860, registered at Police Station Crime (Women) Cell Nanak Pura, Delhi (“subject FIR”) and all the consequential proceedings arising therefrom. 4. The learned counsel for the petitioners submits that the respondent no. 2 is wife of the petitioner and their marriage was solemnized on 25.10.2020, as per the Hindu rites and ceremonies and that one child boy, namely, Abbir was born out of the said wedlock on 02.10.2021. He submits that the due to some misunderstanding, an unrest arose between the parties and the same resulted in a marital discord, after which t