Disposed¶19

Gurpreet Singh & Ors. v. the State Govt. of NCT of Delhi and Anr.

Quashing of FIR – Section 528 BNSS, 2023

Delhi HC23 Sept 2025CRL.M.C./6814/2025

Download

Case brief

AI extract

What is this about?

CRL.M.C. 6814/2025, Delhi High Court, Justice Neena Bansal Krishna, order dated 23.09.2025. Section 528 BNSS 2023 quashing petition; FIR No. 1230/2024; Sections 64(2)(M) BNS; Sections 3/4 Dowry Prohibition Act; P.S. Nihal Vihar; allegation of rape; roka ceremony; slipshod investigation; strictures against police; chargesheet filed; framing of charge; extraordinary jurisdiction declined; liberty to raise contentions before Trial Court; disposed.

What did the court decide?

Liberty to the Petitioners to raise all contentions before the learned Trial Court; quashing on merits not entertained as grounds are open at the stage of framing of charge. ¶19

Gurpreet Singh & Ors. Vs the State Govt. of NCT of Delhi and… — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

Liberty to the Petitioners to raise all contentions before the learned Trial Court; quashing on merits not entertained as grounds are open at the stage of framing of charge.

¶19

Issue for consideration

Whether the High Court should exercise its extraordinary jurisdiction under Section 528 BNSS, 2023 to quash FIR No. 1230/2024 on its merits when the chargesheet has been filed and the grounds relied upon can be argued before the Trial Court at the stage of framing of charge. +1 more

¶17

Court's answer

The grounds for quashing the FIR are merits-based and can be argued before the learned Trial Court at the time of framing of charges; there is not a single pleaded fact which the learned ASJ cannot consider, hence the extraordinary jurisdiction under Section 528 BNSS is not merited.

¶17

Ratio / Principle

By moving the present Application, the Petitioners lose one right of coming in Appeal or Revision.

¶17

Key takeaways

Passing strictures against the Police lies in the discretion of this Court, and submissions alleging slipshod investigation can equally be made and considered by the learned ASJ.ratio¶18
The Petition along with pending applications stands disposed of, with liberty to the Petitioners to raise all their contentions before the learned Trial Court.ratio¶19

Detailed headnote1 paragraphs

Quashing of FIR — Section 528 BNSS, 2023 — FIR No. 1230/2024 under Sections 64(2)(M) BNS read with Sections 3/4 Dowry Prohibition Act, P.S. Nihal Vihar — Petitioners alleged false allegation of rape, performance of roka ceremony, and slipshod police investigation warranting strictures — Chargesheet already filed — Held: the grounds for quashing the FIR are merits-based and can be argued before the Trial Court at the time of framing of charge; no pleaded fact is beyond the consideration of the learned ASJ; passing strictures on the investigation is a matter of the Court's discretion and such submissions can also be made before the ASJ; by moving the application the Petitioners lose one right of Appeal or Revision — Petition and pending applications disposed of with liberty to raise all contentions before the Trial Court.

¶1

$~58

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 6814/2025, CRL.M.A. 28679/2025 & CRL.M.A. 28680/2025

¶4

GURPREET SINGH & ORS. .....Petitioners

¶5

Through: Mr. Pulkit Thareja, Advocate

¶6

versus

¶7

THE STATE GOVT. OF NCT OF DELHI AND ANR.

¶8

.....Respondents Through: Mr. Shoaib Haider, APP for the State with SI Ashok Singh Chauhan, P.S. Nihal Vihar

¶9

CORAM:

¶10

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 23.09.2025

¶11

Petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners for quashing of FIR No. 1230/2024 registered under Sections 64(2)(M) BNS read with Sections 3/4 Dowry Prohibition Act at P.S. Nihal Vihar and all the proceedings emanating therefrom.

¶12

Learned Counsel for the Petitioners submits that the false allegation of rape has been made. Even a roka ceremony was performed despite which, FIR has been registered. Moreover, the investigations carried out by the Police are slipshod and strictures need to be passed on the Police. It is, therefore, submitted that the present Petition for quashing of FIR may be considered on merits.

¶13

This is a digitally signed order.

¶14

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 25/09/2025 at 12:26:27

¶15

Learned Prosecutor submits that the Chargesheet has already been filed and all the grounds, which are taken herein are available to the Petitioners to argue at the time of framing of charge. There is nothing in the Petition which merits exercise of extraordinary jurisdiction under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 as these grounds are for quashing of FIR on merits, which can be considered at the time of charge.

¶16

Submissions heard and record perused.

¶17

The perusal of record shows that the grounds for quashing of FIR, are on merits, which can be very well argued before the learned Trial Court at the time of framing of charges. There is not a single fact, which has been pleaded which cannot be considered by learned ASJ. In fact, by moving this Application, the Petitioners suffer in loses one right of coming in Appeal or Revision.

¶18

Insofar as strictures against the Police for slipshod investigations are concerned, firstly it is the discretion of this Court and secondly, such submissions can be made and considered by the learned ASJ as well.

¶19

The Petition alongwith pending Applications, is accordingly disposed of with liberty to the Petitioners to raise all the contentions before the learned Trial Court.

¶20

NEENA BANSAL KRISHNA, J

¶21

SEPTEMBER 23, 2025 N

¶22

This is a digitally signed order.

¶23

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 25/09/2025 at 12:26:27

Gurpreet Singh & Ors. v. the State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Gurpreet Singh & Ors. v. the State Govt. of NCT of Delhi and Anr.

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

Coram

Case details

Similar cases

Prem Alias Prem Singh Vs the State Govt. of NCT of Delhi and Anr.

Quazi Shakiluddin Ahmad Vs State the Govt of NCT of Delhi & Anr.

Sh Aruna Alias Arun Kumar Pradhan Vs Union of India and Anr.

Mahadev Sahani Vs State NCT of Delhi

Areen Abbas Vs State of NCT of Delhi

Satish Sharma Vs the State of Delhi & Anr.