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High Court of DelhiCRL.M.C./7686/2025

Rekha Yadav & ORS. v. The State Of NCT Of Delhi & ANR.

2025-10-31Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7686/2025 REKHA YADAV & ORS.

.....Petitioner Through:

Appearance not given.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Ms. Manjeet Arya, APP for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 31.10.2025 CRL.M.A. 32131/2025 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The Application stands disposed of.

CRL.M.C. 7686/2025 3.

A Petition under Section 528 BNSS has been filed on behalf of the Petitioners seeking quashing of FIR No.109/2025 dated 18.02.2025 under Section 110/3(5) of BNS registered at Police Station Hauz Khas, New Delhi. 4.

The main ground for seeking quashing is that cross FIR No.110/2025 was registered in respect of the same incident which is pending trial before the learned Trial Court. It is claimed that the Chargesheet has been filed under Section 110/3(5) BNS in the said case, even though it is clear cut cased of attempt to murder. It is further submitted that the present FIR is liable to be quashed on the ground that the Petitioner No.4 was a minor on the date of incident i.e. 17.02.2025.

5.

Learned counsel for the Petitioner submits that there are multiple 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 06/11/2025 at 11:30:21

litigations inter-se the parties and the Petitioner had no requisite mens-rea to commit the offence.

6.

Submissions heard.

7.

As per the Petitioner, the only ground on which quashing is sought is that there was no requisite mens-rea, but that is a matter of trial. There is no ground made out for the quashing of the present FIR in respect of which a cross FIR No.110/2025 has also been registered. 8.

As per the learned APP on instructions from the I.O the Chargesheet already stands filed in the present FIR. Whatever are the grounds agitated herein, may be argued before the learned Trial Court, where the matter is now listed for arguments on Charge.

9.

The Petition is accordingly disposed of along with the pending Application(s).

NEENA BANSAL KRISHNA, J OCTOBER 31, 2025/va 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 06/11/2025 at 11:30:21