RAHUL SHRMA & ORS. vs STATE GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 08.07.2025 + CRL.M.C. 725/2025, CRL.M.A. 3437/2025 RAHUL SHRMA & ORS. .....Petitioners Through: Mr. J.K. Gupta and Mr. Rahul Kumar, Advs. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with IO Randhir Singh and WSI Sangeeta Malik, PS Binda Pur. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. 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. 0931/2021 dated 03.11.2021 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Binda Pur, Delhi, (“subject Signature Not Verified Digitally Signed CRL.M.C. 725/2025 Page 1 of 5 By:RASHIM KAPOOR Signing Date:09.07.2025 15:21:34 FIR”) and all consequential proceedings emanating therefrom. 2. 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 23.11.2019, in accordance with the Hindu rites and customs. 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 26.10.2020. 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 registration of the subject FIR and filing of litigation by the respondent no. 2. 4. He further submits that during the pendency of litigation between the parties, the parties, with the intervention and efforts of the relative