Chandrakant & ORS. v. Indu Tanwar

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C.

5624/2025, CRL.M.A.

24096/2025 & CRL.M.A. 24097/2025 CHANDRAKANT & ORS.

.....Petitioners Through:

Mr. Shubham Shrivastava, Adv. (through VC) versus INDU TANWAR .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 14.08.2025 1.

The present petition is filed seeking quashing of Complaint Case No. 923/2021 titled as Indu Tanwar v. Chanderkant &Ors., filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act').

2.

The subject complaint was filed way back on 20.07.2021 and is pointed out to be listed for recording of evidence. 3.

The petitioner seeks quashing of the complaint stating that vague allegations were made and the complaint was a counterblast to the petition filed by the petitioner under Section 9 of the Hindu Marriage Act, 1955.

4.

The learned counsel for the petitioner submits that trial has been delayed at the instance of respondent as she is not coming forward for recording of evidence.

5.

Undisputedly, the complaint was filed long back and the matter has since proceeded. All the defence and arguments addressed by the petitioner would be considered after the learned 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 20/08/2025 at 12:15:31

Trial Court has recorded the evidence.

6.

The complaint cannot be quashed on the argument which is in the nature of defence especially when the trial has since proceeded and the present petition has been filed after more than four years of filing of the complaint.

7.

In view of the aforesaid discussion, I find no merit in the petition and the same is dismissed.

8.

The petitioner is at liberty to address all arguments before the learned Trial Court.

9.

The learned Trial Court is requested to expedite recording of evidence and pass a final order.

AMIT MAHAJAN, J AUGUST 14, 2025 "SS"

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 20/08/2025 at 12:15:31