Shahid Khan v. The State NCT Of Delhi & ANR.

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 862/2026 & CRL.M.A. 3421/2026 SHAHID KHAN .....Petitioner Through:

Mr. Nasimuddin and Mr. Ajay Singh Tomar, Advocates.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Richa Dhawan, APP for the State.

SI Shiv Dayal Kumar, P.S.: Dayal Pur.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 02.02.2026 CRL.M.A. No. 3422/2026 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under section 528 of the BNSS, the petitioner seeks inter-alia a direction to the learned family court to decide the petitioner's (husband) application filed under section 127(1) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') bearing MT No. 225/2020 titled as Neelofar vs. Shahid Khan as early as possible or in a time bound manner.

2.

Learned counsel appearing for the petitioner submits, that the petitioner has filed an application under section 127(1) Cr.P.C. on 16.10.2020, on which date notice was issued on the said application. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

However, the respondent/wife filed her reply to that application only on 22.08.2023 that is after a lapse of about 03 years. 3.

Counsel submits, that the respondent has failed to file her affidavit of assets and liabilities in the matter despite a direction to that effect having been issued by the learned family court vidé order dated 06.05.2024, though the petitioner (respondent in those proceedings) had done so.

4.

Counsel submits, that accordingly, as of date, the matter has been pending for more than 05 years but the petitioner's application under section 127(1) Cr.P.C. has not yet been decided; and in the meantime, execution proceedings are underway vidé Ex. Crl. No.134/2020 seeking enforcement of maintenance judgment dated 20.12.2018, which has been made effective from the date of institution of the petition, i.e., from 01.12.2017.

5.

Copies of the order sheets of the proceedings before the learned family court have been appended as Annexure P-4 (colly) to the present petition.

6.

In view of the prayer made, it is not considered necessary to issue notice or to call-for a reply from the respondents. 7.

The delay in deciding the petitioner's application under section 127(1) Cr.P.C. is evident from the record.

8.

The petition is accordingly allowed, directing the learned family court to dispose of the petitioner's application under section 127(1) Cr.P.C. pending before that court within 02 months from the next date of hearing before that court, which is stated to be 04.02.2026. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The petition is disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J FEBRUARY 2, 2026/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.