RAJESH @ RAJESH KUMAR & ORS. vs THE STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18.07.2025 + CRL.M.C. 4732/2025, CRL.M.A. 20492/2025 RAJESH @ RAJESH KUMAR & ORS. .....Petitioners Through: Mr. Manoj Kumar Sharma, Adv. along with petitioners. versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with SI Nitin Kumar, PS Harsh Vihar. Respondent no. 2 in person. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. The present petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR bearing No. 196/2023 dated 09.03.2023 for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Protection Act, 1961 registered at Police Station Harsh Vihar, and all consequential proceedings emanating therefrom. 2. The learned counsel for the petitioners submits that petitioner no. 1, petitioner no. 2 and petitioner no. 3 are the husband, brother-in- Signature Not Verified Digitally Signed CRL.M.C. 4732/2025 Page 1 of 4 By:RASHIM KAPOOR Signing Date:21.07.2025 15:29:18 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 03.02.2020, in accordance with the Hindu rites and customs at Delhi and no child 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 hara