Ankit Rostogi And ORS v. State Of NCT Delhi And ANR.

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3937/2025, CRL.M.A. 17217/2025 & 17218/2025 ANKIT ROSTOGI AND ORS .....Petitioners Through:

Ms. Alpana Sharma, Ms. Mahesh Sharma, Ms. Shivangi Singh, Mr. Raj Shekhar Sharma, Advocates.

versus STATE OF NCT DELHI AND ANR.

.....Respondents Through:

Mr. Utkarsh, APP for the State with ASI Abhinav, P.S. S.B. Dairy.

Mr. Yogesh Kumar Goel, Mr. Avi Rastogi, Advocates. For R-2

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 20.08.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners for quashing the FIR No.0242/2025 under Sections 85/316(2)/3(5) of the Bharaiya Nyaya Sanhita, 2023 registered at P.S. Shahbad Dairy, Delhi. 2.

It is submitted that the present FIR is an abuse of process of law since the complaint was filed after the divorce Petition was filed by the Petitioner/husband. Also, the Respondent No. 2 suffers from mental ailments. The learned Prosecutor submits that the Charge-sheet has already been filed in the Court on 18.08.2025.

3.

Essentially, the grounds being agitated for quashing of FIR are on merits or on the defence of the Petitioners, which cannot be considered at this 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 22/08/2025 at 12:09:41

stage.

4.

The Petition alongwith pending Application, is disposed of with liberty to the Petitioners to raise these contentions before the learned Trial Court. NEENA BANSAL KRISHNA, J.

AUGUST 20, 2025 N 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 22/08/2025 at 12:09:41