Nitin Kumar v. Deepali

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3191/2025, CRL.M.A.14000/2025 (for calling the trial court records), CRL.M.A.14001/2025 (stay) NITIN KUMAR .....Petitioner Through:

Ms. Shweta and Mr. P.K. Tripathi, Advocates.

versus DEEPALI .....Respondent Through:

None

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 06.05.2025 CRL.M.A. 13999/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 3191/2025 3.

Petition under Section 482 of the Code of Criminal Procedure, 1973 subsequent to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.'), has been filed on behalf of the Petitioner, Mr. Nitin Kumar, with the following prayers:- (i) to take into consideration the grief of the petitioner as narrated in the para of the petition and the respondent may be called by summoning through notice to file reply ; (ii) to call the record of the cases pending in the District Courts of Dwarka, Delhi and at Haridwar, Uttara Khand for kind perusal and thereafter stay the proceedings of those cases till pending of appeal namely;

A.

HMA/1961/2024 - Nitin Kumar Vs. Deepali The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Divorce case pending before the Hon'ble Shree Anil Kumar, Ld. Judge-Family Court, Court No. 302, District Courts, Dwarka, Delhi filed by the petitioner (N.D.O.H.:24/03/2025) B.

GP/133/2024 - Nitin Kumar Vs. Deepali Guardianship case pending before the Hon'ble Shree Vipin Kumar Rai, Ld. Judge-Family Court, Court No. 303, District Courts, Dwarka, Delhi filed by the petitioner (N.D.O.H. : 24/03/2025) C.

MC/197/2024 - Deepali Vs. Nitin Kumar Domestic Violence case pending before the Hon'ble Imran Mohammad Khan, Ld. Judge-Family Court, Court No.11, District Courts, Haridwar, Uttara Khand filed by the respondent (N.D.O.H. :17/04/2025) D.

GP/74/17/2024 - Deepali Vs. Nitin Kumar Guardianship case pending before the Hon'ble Ms. Rama Pandey, Ld. Judge-Family Court, Court No. 4, District Courts, Haddwar, Uttara Khand filed by therespondent (N.D.O.H. : 22/03/2025) E.

FIR No.318/2024, P.S. :Ranipur, Haridwar, Uttara Khand U/S : 66E/354/354-D/384 IPC registered against Nitin Kumar, Rajendra Kumar & Ors. By the respondent (Charge-Sheet yet to be filed by the Investigation Officer) F.

TP/CIVIL/236/2025 Deepali Chaudhary Vs. Nitin Kumar & Anr. Transfer petition filed by the respondent in the Hon'ble Supreme Court of India and next date of hearing is 25/03/2025 (iii) to pass order by way of relief from multi-litigation between the parties and from harassment to the petitioner in the hand of respondent by her unwarranted cases filed against the petitioner by providing specific relief in terms of saving from multi-litigations pending adjudication in the District Courts at Dwarka, Delhi and at Haridwar, Uttara Khand; (iv) to pass order for setting aside the disputes between the parties described in the petition in detail and also in the prayer clause of this petition;

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(v) to direct the family court to consider the petition for divorce pending the family court of Principal Judge, Dwarka, Delhi;

(vi) to pass order for relief from the multi-litigation; (vii) and also may be pleased to pass any other or further order/s as may deem fit and proper in the interest of justice and favorable to the petitioner.

4.

Essentially, the relief is that the grievance of the Petitioner may be alleviated as there are various multiple litigations between the parties, which is causing harassment to the Petitioner. Therefore, appropriate order be passed.

5.

There is no jurisdiction in this Court, to call all the litigations or to debar the Respondent from filing his litigation, which is in accordance with law. In case, the Petitioner is aggrieved by any of the Orders in the various litigations, which have been undertaken, the Petitioner is at liberty to agitate the same before the court concerned. There is no merit in the present Petition, which is hereby dismissed.

6.

The Petition is disposed of accordingly. Pending Applications, if any, also stand disposed of.

NEENA BANSAL KRISHNA, J MAY 6, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.