SH VINAY MISHRA & ORS. vs STATE GOVT OF NCT OF DELHI & ANR.

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 15.07.2025 + CRL.M.C. 4586/2025 SH VINAY MISHRA & ORS. .....Petitioners Through: Mr. Pankaj Mishra, Adv. versus STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with Insp. Suruti, PS Uttam Nagar. Mr. Pankaj Mishra, Adv. for R- 2. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 19958/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. CRL.M.C. 4586/2025, CRL.M.A. 19959/2025 3. 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. 817/2020 dated 23.10.2020 for Signature Not Verified Digitally Signed CRL.M.C. 4586/2025 Page 1 of 5 By:RASHIM KAPOOR Signing Date:16.07.2025 18:55:12 offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at Police Station Dabri, New Delhi, (“subject FIR”) and all consequential proceedings emanating therefrom. 4. 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 24.05.2014, in accordance with the Hindu rites and customs at Amethi, Uttar Pradesh. One girl child was born, on 07.01.2016. out of the wedlock and is in the custody of the mother/respondent no. 2. 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 17.11.2017. 5. The learned counsel submits that the incompatible behaviour, conduct and temperament of the parties, coupled with raising demands of dowry