Abhishek Kumar Singh Vs the State (Nct of Delhi) and Anr. — Dowry and Cruelty | Delhi HC (2025)

Abhishek Kumar Singh Vs the State (Nct of Delhi) and Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to raise all objections and contentions concerning the merits of the chargesheet before the learned Trial Court in accordance with law (where he may seek discharge on the same arguments); the petition and pending applications were disposed of without quashing.

Issue for consideration

Whether proceedings against the petitioner Abhishek Kumar Singh, brother-in-law of the complainant, arising out of FIR No.168/2023 under Sections 498A/34 IPC and the consequent chargesheet should be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, particularly in light of allegations said to have emerged only in a post-FIR supplementary statement.

Court's answer

Since the chargesheet had already been filed and the grounds of challenge were essentially on the merits of the chargesheet rather than any defect vitiating the proceedings themselves, the High Court did not adjudicate those merits and disposed of the petition, granting the petitioner liberty to raise all the same objections and contentions before the learned Trial Court in accordance with law.

Detailed headnote1 paragraphs

Delhi High Court (Neena Bansal Krishna, J.), order dated 18.09.2025 in CRL.M.C. 6676/2025: A petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 sought quashing of proceedings against petitioner Abhishek Kumar Singh, brother-in-law of the complainant, arising from FIR No.168/2023 under Section 498A/34 IPC dated 14.03.2023 registered at Police Station Vasant Kunj (S), New Delhi. Senior counsel submitted that the FIR initially disclosed no allegation against the petitioner beyond his joining the complainant while photographs were taken, and that allegations against him appeared only in a supplementary statement recorded about a month before the chargesheet. Since the chargesheet already stood filed and the grounds of challenge were essentially on its merits, the Court disposed of the petition with liberty to the petitioner to raise all objections and contentions, including seeking discharge, before the learned Trial Court in accordance with law. Pending applications were likewise disposed of.

$~70

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 6676/2025, CRL.M.A. 28054/2025

ABHISHEK KUMAR SINGH

.....Petitioner Through: Mr Satish Tamta sr adv Mr Nisha Narayanan Advocate.

versus

THE STATE (NCT OF DELHI) AND ANR

.....Respondent Through: Mr. Shoaib Haider, APP for State. Ms. Prerna Mehta, Advocate And Mr. Vivek Agarwal, Advocate for R-2.

CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.09.2025

CRL.M.A. 28055/2025 ( Seeking Exemption )

Exemptions allowed, subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 6676/2025

A Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner for quashing of proceedings against the Petitioner Abhishek Kumar Singh brother-in-law of the Complainant in case FIR No.168/2023 under Section 498A/34 IPC dated 14.03.2023 registered at Police Station Vasant Kunj (S), New Delhi.

Learned Senior Counsel on behalf of the Petitioner submits that there were no allegations disclosed initially in the FIR against the Petitioner except that he joined the Complainant while taking the photographs. A

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 22/09/2025 at 12:00:59

month prior to filing of the Chargesheet, a Supplementary statement had been recorded wherein some allegations have been made against the Applicant. It is submitted that on the face of this FIR and the consequent Chargesheet against the Applicant, Petition is liable to be quashed.

Learned counsel on behalf of the Complainant and also the learned Prosecutor on instructions from I.O submits that the Chargesheet already stands filed. The grounds of challenge are essentially on merits of the Chargesheet which can very well be agitated before the learned Trial Court, wherein the Petitioner can seek his discharge on the very same argument which are being raised in the present Petition.

Submissions heard .

Considering that the Chargesheet has been filed and the quashing is sought on the merits of the case, the Petition is disposed of with liberty to the Petitioner to raise all these objections and contentions before the learned Trial Court in accordance with law.

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

NEENA BANSAL KRISHNA, J

SEPTEMBER 18, 2025/va

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 22/09/2025 at 12:00:59