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High Court of DelhiCRL.M.C./8485/2025

Rohit Shukla & ANR. v. The State Through The S.H.O., P.S.- Malviya Nagar & ANR.

2025-11-28Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8485/2025 & CRL.M.A. 35464/2025 ROHIT SHUKLA & ANR.

.....Petitioners Through:

Mr. Sabyasachi Shekhar, Advocate with Petitioner No. 1 in person versus THE STATE THROUGH THE S.H.O., P .S.- MALVIYA NAGAR & ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for the State with SI Parveen Kumar, P.S. Malviya Nagar

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 28.11.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners for quashing of FIR No. 0435/2022 registered under Sections 498A/406/34 IPC at P.S. Malviya Nagar.

2.

It is submitted that quashing of FIR is sought on the grounds of it being a sheer abuse as the 78 years old mother has been dragged into this litigation.

3.

It is further submitted that FIR has been registered after three years of giving Complaint in 2019. Furthermore, the Chargesheet has been filed 03 years thereafter.

Submissions heard.

4.

It is pointed out by learned APP that matter is pending at the stage of 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 01/12/2025 at 14:01:55

arguments on charge before the learned Trial Court for 22.12.2025 where all the assertions made in the Petition, can also be agitated. 5.

Considering that the Chargesheet already stands filed and the grounds stated herein are essentially touching the merits which can be addressed before the learned Trial Court, the Petition alongwith pending Application, is disposed of with liberty to the Petitioner to raise these contentions before the learned Trial Court.

6.

Learned Counsel for the Petitioner submits that the Petitioner No. 2/Mother of the Petitioner is an old age woman and she may be exempted from appearing in the Court.

7.

The Petitioner is at liberty to move an appropriate Application before the learned Trial Court, which may be considered sympathetically. NEENA BANSAL KRISHNA, J NOVEMBER 28, 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 01/12/2025 at 14:01:55