Shivam Sharma v. State Of NCT Of Delhi And ANR.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2221/2025 SHIVAM SHARMA .....Petitioner Through:

Petitioner in person.

Mr. Utkarsh Bhushan, Adv.

versus STATE OF NCT OF DELHI AND ANR.

.....Respondent Through:

Mr. Hitesh Vali, APP for the State with SI Deepak,P.S.Kotwali.

Mr. Brijesh Pandey, Adv. for the complainant/respondent no.2

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 02.04.2025 CRL.M.A. 9978/2025 & CRL.M.A. 9979/2025 (EXEMPTION) Allowed, subject to all just exceptions.

The applications stand disposed of.

CRL.M.C.

2221/2025 & CRL.M.A.

9977/2025 AD-INTERIM DIRECTIONS/STAY 1.

This is a petition under Section 482 Cr.P.C/528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 992/2021 and the proceedings emanating therefrom, pending before the Mahila Court, Tis Hazari.

2.

Petitioner submits that there is no iota of allegations qua offence under Section 406 IPC against the petitioner. It is further submitted that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 13:55:27

allegations via offence under Section 498A IPC are general and vague in nature without any specific details.

3.

The petition has been opposed by learned APP submitting that there is sufficient evidence in the statements of witnesses recorded during investigation. He further submits that there is video evidence of an incident dated 01.11.2020 wherein petitioner can be seen beating respondent no.2. It is further submitted that the charge sheet has already been filed and the trial court has taken cognizance of the offence and the matter is now listed before the trial court for consideration of charge on 23.04.2025. 4.

Mr. Brijesh Pandey, Advocate for the respondent no.2 submits that respondent no.2 has filed a protest petition before the trial court and the same is also pending consideration before the said court. 5.

After part submissions, the petitioner seeks permission to withdraw the present petition seeking liberty to urge all his contentions raised in the present petition before the trial court at the stage of framing of charge. 6.

The statement made by learned counsel for the petitioner is taken on record and the petition is dismissed as withdrawn with liberty to the petitioner to urge all contentions raised in the present petition before the trial court at the stage of consideration of charge. 7.

It is directed that learned trial court shall hear the submissions made by the parties and pass speaking order on charge as expeditiously as possible.

RAVINDER DUDEJA, J APRIL 2, 2025/ib/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 13:55:27