CRL.M.C./6541/2026 of ASHUTOSH BANSAL AND ORS Vs STATE GOVT OF NCT OF DELHI AND ANR on 7 September 2026

O R D E R

% 07.09.2026

1. By way of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No. 242/2026, dated 19.06.2026, registered at Police Station Tilak Nagar, District West, Delhi, under Sections 85/3(5) the Bharatiya Nyaya Sanhita, 2023 [“BNS”].

2. The impugned FIR has been registered at the instance of respondent No. 2, who is the wife of petitioner No. 1. Petitioner Nos. 2 to 3 are her parents-in-law, and petitioner No. 4 is her brother-in-law.

3. The contention of Mr. Amit Nahata, learned counsel for the petitioners, is that the offence under Section 85 of BNS is not made out, as the complainant stayed in the matrimonial home for a brief period of approximately 24 days. He submits that the allegations in the FIR do not This is a digitally signed order. 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 10/09/2026 at 10:57:58

CRL.M.C. 6541/2026

concern any unlawful demand for property or security, or any harassment as contemplated under Section 85 of BNS.

4. Ms. Manjeet Arya, learned Additional Public Prosecutor, who appears on advance notice, submits that the FIR has been registered only in June 2026, and the case is still under investigation. She states that the petitioners have joined investigation, and their contentions have also been taken note of by the Investigating Officer [“IO”]. Upon completion of investigation, in the event the IO finds that cognizable offence has not been made out, Ms. Arya states, that the IO will file a closure report. She further submits that in the event a chargesheet is filed, the petitioners would have their respective remedies in accordance with law, at the stage of arguments on charge/discharge application.

5. After some arguments, Mr. Nahata does not press this petition at this stage, but reserves the rights and contentions of the petitioners at the stage of arguments on charge/discharge application, in the event a chargesheet is filed, and also reserves the petitioners’ remedies to approach this Court on the same grounds at that stage.

6. The petition, alongwith pending application, is dismissed as not pressed in terms of the above.

7. It is made clear that this Court has not entered into the merits of the matter, and that notice has not been issued to respondent No. 2. The aforesaid contentions are recorded without prejudice to the rights and contentions of respondent No. 2. PRATEEK JALAN, J SEPTEMBER 7, 2026/“B”/MK/ This is a digitally signed order. 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 10/09/2026 at 10:57:58