CRL.M.C./3396/2025 of NITIN SHARMA & ORS. Vs THE STATE NCT OF DELHI AND ANR on 29 September 2026

O R D E R

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29.09.2026

1. The present petition has been filed under section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 [‘BNSS’] seeking the following relief: “a) Quash FIR No. 0106/2025 registered under Sections 498A and 406/34 IPC at P.S. Burari, Delhi, along with all consequential proceedings arising therefrom against the petitioner and his family members;”

2. It is stated that the Petitioner No. 1 and Respondent no. 2 solemnized their marriage on 02.05.2013. On 23.08.2014 the Respondent No. 2 gave birth to twins. However, owing to temperamental discord and matrimonial disputes the parties, they started living separately from each other since 02.12.2019. On 13.03.2020 the Petitioner No. 1 filed a petition for dissolution of marriage on the grounds of cruelty. 2.1 It is stated that the FIR No. 0106/2025 dated 08.02.2025 [‘impugned

FIR’] registered at Police Station: Burari came to be registered at the instance of the Respondent No. 2.

3. Mr. Naresh Chahar, learned Additional Public Prosecutor [‘APP’] states that chargesheet has been filed, cognizance of the offense committed has been taken and summons have been issued by the trial Court, to the Petitioners herein. He states that the next date of hearing before the trial court is 25.11.2026.

4. Ms. Pooja Chhabra, learned counsel for the Petitioners states that the facts of the present case disclose that the parties started living separately since 02.12.2019 and the impugned FIR came to be registered only on 08.02.2025. 4.1 She states that the allegations in the impugned FIR pertain to the period from 2013 to 2019. 4.2 She states that there is no allegation in the impugned FIR with respect to the post 2019 period. 4.3 She states that the impugned FIR having been lodged nearly 6 years after the parties started living separately, ought not to have been entertained. 4.4 She states that the allegations against the Petitioners are vague and omnibus in fact, no specific role has been attributed to the Petitioner’s mother or his brother. 4.5 She states that no grounds of Section 406 the Indian Penal Code, 1860 (‘IPC’) are made out as all the household articles are in the possession of respondent no. 2. 4.6 She states that, it is the stand of the Petitioners that, the impugned FIR is a retaliation to the pending matrimonial litigations between the parties.

5. This Court has considered the submissions of the Petitioner. In view of the fact that chargesheet has been filed, all these contentions ought to be raised by the Petitioners, in the first instance, before the trial Court at the stage of framing of charges.

6. Learned counsel for the Petitioner seeks liberty to withdraw the present petition, with leave to raise all the pleas before the trial Court at the stage of arguments on charge.

7. The present petition is disposed of as withdrawn.

8. All rights and contentions of the parties left open.

9. Pending applications, if any, stands disposed of.

MANMEET PRITAM SINGH ARORA, J SEPTEMBER 29, 2026/msh/IB