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High Court of DelhiCRL.M.C./7154/2025

Saurabh Soni & ORS. v. State Of NCT Of Delhi & ANR.

2025-10-09Hon'Ble Mr. Justice Sanjeev Narula3 pages

$~94 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7154/2025, CRL.M.A. 30050-30051/2025 SAURABH SONI & ORS.

.....Petitioners Through:

Appearance not given.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hemant Mehla, APP for State with SI Wormichon H., PS-CWC Nanakpura.

Mr. Yudhister Sharma (through VC) and Mr. Rhea Chadha, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 09.10.2025 1.

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 seeks quashing of FIR No. 66/2023 registered under Sections 498A/406/34 of the Indian Penal Code, 18602 at P.S. Crime (Women) Cell Nanak Pura and all consequential proceedings emanating therefrom.

2.

The instant FIR was registered pursuant to a complaint dated 28th April, 2023 lodged by Respondent No. 2 against her husband (Petitioner No.

1) and her in-laws (Petitioners No. 2 and 3) alleging cruelty, demand of dowry, misappropriation of jewellery and physical as well as mental 1 "BNSS"

2 "IPC"

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

harassment.

Upon investigation, chargesheet was filed wherein the Petitioners were charge-sheeted under Sections 498A/406/34 of IPC. 3.

The Petitioners seek quashing of the impugned FIR on the ground that it has been lodged purely as an afterthought and only after Petitioner No. 1 initiated divorce proceedings. It is submitted that the impugned FIR is a counterblast, containing vague and generalised allegations without any specific particulars of time, date or manner of the alleged acts. It is further contended that even if taken at face value, the contents of the FIR do not disclose the commission of any cognisable offence. 4.

However, since chargesheet has been filed and the arguments on charge are yet to be heard, counsel for the Petitioners seeks to withdraw the present petition with liberty to urge all available grounds before the Trial Court at the stage of charge.

5.

Leave and liberty as prayed for are granted.

6.

Counsel for the Petitioners further submits that Petitioners No. 2 and 3 are senior citizens, who are residing in Pune and they may be exempted from personal appearance. He submits that the Petitioner Nos. 2 and 3 shall nonetheless appear before the Trial Court through video conferencing and be represented by the counsel.

7.

In light of the above statement, the Petitioners request for exemption from personal appearance shall be considered by the Trial Court on an application been made by the Petitioners. All rights and contentions of the parties are left open. Should the order on the point of charge be not favourable to the Petitioners, they shall be at liberty to take recourse to appropriate remedies in accordance with law.

8.

Dismissed as withdrawn with liberty as aforesaid. The pending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application is also disposed of.

SANJEEV NARULA, J OCTOBER 9, 2025 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.