Deepa Arora Vs State Govt of NCT of Delhi and Anr. — Domestic Violence | Delhi HC (2026)

Deepa Arora Vs State Govt of NCT of Delhi and Anr. — Domestic Violence | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of with observations relegating the petitioner to the Trial Court: liberty to urge all grounds available in law at the stage of consideration of charge/discharge; trial court to consider and pass an appropriate order; all rights and contentions left open.

Issue for consideration

Whether FIR No. 0302/2023 (Sections 498A/406/34 IPC) should be quashed on the petitioner's plea that she was falsely implicated through vague and omnibus allegations without any specific overt act attributed to her. +1 more

Ratio / Principle

In view of the conclusion of investigation and filing of the chargesheet, the petitioner has an efficacious remedy of raising all pleas available to her before the Trial Court at the appropriate stage.

Key takeaways

The petitioner is at liberty to urge all grounds available in law at the stage of consideration of charge/discharge, and the trial court is to consider and pass an appropriate order.ratio¶17

Detailed headnote1 paragraphs

Delhi High Court (Purushaindra Kumar Kaurav, J.) disposed of a quashing petition (W.P.(CRL) 2951/2025) against FIR No. 0302/2023, P.S. Safdarjung Enclave, Delhi, under Sections 498A/406/34 IPC. The petitioner, sister of respondent No.2's husband, pleaded she was married since 1991, resided separately at her matrimonial home for over three decades, never shared a common household with respondent No.2, and was implicated on vague and omnibus allegations without any specific overt act attributed to her; in parallel PWDVA 2005 proceedings the Metropolitan Magistrate, by order dated 25.03.2025, had declined to summon her, finding no domestic relationship or common household. As the State reported that investigation stood concluded and a chargesheet had been filed, the Court held the petitioner had an efficacious remedy before the Trial Court, granted her liberty to urge all grounds available in law at the stage of consideration of charge/discharge, directed the trial court to consider and pass an appropriate order, and disposed of the petition leaving all rights and contentions open.

$~81

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 2951/2025

DEEPA ARORA .....Petitioner

Through: Appearance not given.

versus

STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Amol Sinha (ASC, Criminal for State) along with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mrs. Chavi Lazarus and Mr. Nitish Dhawan, Advs. ASI Rajesh Kumar.

CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 09.07.2026

The present petition is seeking quashing of FIR No. 0302/2023 registered at Police Station Safdarjung Enclave, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860.

The facts of the case would indicate that the petitioner is the sister of the husband of respondent No.2. It is her case that she has been married since the year 1991 and has been residing separately at her matrimonial home for more than three decades. According to the petitioner, she has never shared a common household with respondent No.2 nor had any role in the matrimonial affairs between respondent No.2 and her brother.

It is contended that despite the absence of any specific allegations

This is a digitally signed order.

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attributing any overt act to the petitioner, she has been falsely implicated in the impugned FIR on the basis of vague and omnibus allegations.

Learned counsel for the petitioner further submits that respondent No.2 had also impleaded the petitioner in proceedings initiated under the Protection of Women from Domestic Violence Act, 2005. Vide order dated 25.03.2025, the Metropolitan Magistrate declined to summon the petitioner after recording a finding that she neither shared a domestic relationship nor a common household with respondent No.2.

Learned counsel appearing for the State submits that investigation in the matter has been concluded and a chargesheet has already been filed before the Trial Court.

In view of the aforesaid development, this Court is of the opinion that the petitioner has an efficacious remedy of raising all the pleas available to her before the Trial Court at the appropriate stage. The petitioner shall be at liberty to urge all the grounds, available in law, at the stage of consideration of charge/discharge. Let the trial court to consider and to pass an appropriate order.

With these observations, petition stands disposed of.

All rights and contentions are left open.

PURUSHAINDRA KUMAR KAURAV, J

JULY 9, 2026/P/ss

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 15/07/2026 at 12:12:25