ATHARVA CHAUDHARY & ANR. vs THE STATE NCT OF DELHI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17.09.2025 Pronounced on: 14.10.2025 + CRL.M.C. 4852/2025 ATHARVA CHAUDHARY & ANR. .....Petitioners Through: Ms. Amritananda Chakravorty, Ms. Sitamsini Cherukumalli, Ms. Tavleen Kaur Saluja, Advocates. versus THE STATE NCT OF DELHI & ORS. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP with SI Dharm Singh, PS-Maidan Garhi. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This is a petition under Section 482 of the code of Criminal procedure, 1973 [“Cr. PC”] read with section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], filed by the petitioners with the following reliefs: a. Quash FIR No. 389 of 2023 dated 22.08.2023 at PS Maidan Garhi, and the charge sheet dated 21.11.2023, and all proceedings emanating therefrom; b. Quash and set aside the Impugned Order dated 20.06.2022 passed by the Ld. Metropolitan Magistrate –04, South District, CRL.M.C. 4852/2025 Page 1 of 12 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:14.10.2025 17:30:37 Saket Courts, Delhi summoning the Petitioners in Cr. Case No. 6594 of 2023 titled ‘State v. Atharva Chaudhary & Anr’.” FACTUAL MATRIX 2. Petitioners are a young couple, residing in Flat No. 15, Hargovind Enclave, Chhatarpur, Delhi. Respondents No. 2 to 4, who reside in the same building on the second floor, allegedly harassed and abused the petitioners, particularly, petitioner No. 1 on account of his transgender identity. 3. Cross FIRs have been lodged with respect to the same incident that occurred on 20.08.2023. As per allegations made in FIR No. 388/2023 dated 22.08.2023, registered at PS Maidangarhi, under Sections 323/341/506/354-A/34 IPC on the basis of the complaint made by petitioner No. 2, when the peti