Dismissed¶¶15

Vimal Kumar & Ors. v. State of Delhi & Ors.

Delhi HC14 Oct 2025W.P.(CRL)/1642/2023

Case brief

AI extract

What is this about?

Quashing petition FIR 0779/2022 P.S. Nihal Vihar; Sections 498A/406/34 IPC 1860; Article 226 Constitution; Section 528 BNSS 2023; W.P.(CRL) 1642/2023; CRL.M.A. 15337/2023; chargesheet Column 11 / Column 12; Rajesh Prajapati @ Pintoo not in chargesheet; cognizance against some accused; arguments on point of charge; dismissed as withdrawn with liberty at charge stage; no merits comment; rights and contentions left open; Sanjeev Narula J.; Delhi High Court; 14.10.2025; Vimal Kumar; State of Delhi.

What did the court decide?

Petition dismissed as withdrawn; liberty given to raise all grounds urged in the petition, and grounds available in law, before the Trial Court at the stage of arguments on the point of charge, with liberty to pursue appropriate remedies in accordance with law if the Trial Court's order is unfavourable. ¶¶15

Vimal Kumar & Ors. Vs State of Delhi & Ors. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

¶¶15

Issue for consideration

Whether FIR No. 0779/2022, registered under Sections 498A/406/34 of the Indian Penal Code, 1860 at P.S. Nihal Vihar, ought to be quashed by the High Court under Article 226 of the Constitution read with Section 528 of the BNSS, 2023.

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Court's answer

The petition was dismissed as withdrawn, with liberty to the Petitioners to raise all grounds urged in the petition before the Trial Court at the stage of arguments on the point of charge.

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Ratio / Principle

The grounds urged in the petition, as well as other grounds available in law, may be raised before the Trial Court at the stage of arguments on the point of charge, shall be considered on their own merits, and if the Trial Court's subsequent order is unfavourable the Petitioners may avail appropriate remedies in accordance with law.

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Key takeaways

The High Court made no comment on the merits of the case; all rights and contentions of the parties remain open.obiter¶¶17
The pending application (CRL.M.A. 15337/2023, per the case-number line) also stood disposed of.ratio¶¶18

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J.; order dated 14.10.2025) — Criminal writ petition W.P.(CRL) 1642/2023, filed under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, sought quashing of FIR No. 0779/2022 (Sections 498A/406/34, Indian Penal Code, 1860; P.S. Nihal Vihar). During pendency a chargesheet was filed: Petitioners 6, 7, 8 and 10 appeared in Column 12 and Petitioners 1–5 in Column 11, while Petitioner 9 (Rajesh Prajapati @ Pintoo) was not named; cognizance had been taken only against some Petitioners and the matter stood at arguments on the point of charge before the Trial Court. The petition was dismissed as withdrawn, with liberty to urge all grounds urged herein, and others available in law, before the Trial Court at the charge stage, to be weighed on their own merits; if the Trial Court's order proved unfavourable, appropriate lawful remedies remained open. The High Court expressly made no comment on merits and left all rights and contentions open. The pending application (CRL.M.A. 15337/2023) was likewise disposed of.

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$~17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1642/2023 & CRL.M.A. 15337/2023

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VIMAL KUMAR & ORS. .....Petitioners Through: Ms. Pooja Singh and Ms. Aditi Rawat, Advocates.

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versus

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STATE OF DELHI & ORS. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and M.s Amisha Gupta, Advocates for the State. W/SI Manisha, PS: Nihal Vihar. Ms. Shalini Sengar, Advocate for R- 2.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 14.10.2025

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The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR no. 0779/2022 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 registered at P.S. Nihal Vihar. 2. The Court is apprised that during the pendency of the present proceedings, a chargesheet has been filed, wherein the names of Petitioners No. 6 (Poonam), 7 (Neelam Prajapati), 8 (Maleshwari) and 10 (Jyoti Devi @ Asha) have been mentioned in Column no. 12 and the names of Petitioners No. 1 (Vimal Kumar), 2 (Ramji Prasad), 3 (Mayank Prabha), 4 (Mithlesh) and 5 (Vinay) have been mentioned in Column no. 11. It is stated that the

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This is a digitally signed order.

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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 15/10/2025 at 12:23:46

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name of Petitioner No. 9 (Rajesh Prajapati @ Pintoo) is not mentioned in the chargesheet.

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It is noted that cognizance has been taken only against some of the Petitioners, and the matter is presently at the stage of arguments on the point of charge before the Trial Court.

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In view of the above, counsel for the Petitioners seeks leave to withdraw the present petition, with liberty to raise all grounds urged herein before the Trial Court at the stage of arguments on the point of charge.

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Dismissed as withdrawn, with liberty as aforesaid.

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It is clarified that the grounds urged in the present petition, as well as those available in law, are permitted to be raised before the Trial Court at the stage of arguments on the point of charge, which shall be considered on their own merits. In the event the order passed by the Trial Court is not favourable to the Petitioners, they shall be at liberty to avail appropriate remedies, in accordance with law.

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The Court has not commented on the merits of the case. All rights and contentions of the parties are left open.

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Pending application also stands disposed of.

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SANJEEV NARULA, J

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OCTOBER 14, 2025 d.negi

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This is a digitally signed order.

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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 15/10/2025 at 12:23:46

Vimal Kumar & Ors. v. State of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Vimal Kumar & Ors. v. State of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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