Xxxxxxxxxxx vs State Of Nct Of Delhi And Ors on 7 August, 2026

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    Delhi High Court

    Xxxxxxxxxxx vs State Of Nct Of Delhi And Ors on 7 August, 2026

                              *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                                  Reserved on: 27.07.2026
                                                                              Date of Decision: 07.08.2026
                                                                                 Uploaded on : 07.08.2026
                              +       CRL.M.C. 1781/2025
                                      XXXXXXXXXXX                                         .....Petitioner
                                                         Through:    Ms. Swaty Singh Malik, Mr. Rohan
                                                                     Kumar and Ms. Kaushami, Advs.
                                                         versus
    
                                      STATE OF NCT OF DELHI AND ORS              .....Respondents
                                                    Through: Mr. Naresh Kumar Chahar, APP for
                                                             State.
                                                             Mr. H.S. Bhullar, Ms. Bhawani Gupta
                                                             and Ms. Eva Verma, Advs.
                                                             SI Shikshawati, PS Dwarka
                                                             SI Jyoti, (main IO) PS Paschim Vihar
    
                                      CORAM:
                                      HON'BLE MS. JUSTICE MADHU JAIN
                                                         JUDGMENT
    

    MADHU JAIN, J.

    1. The present petition has been filed under Section 528 of the Bharatiya
    Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’),
    corresponding to Section 482 of the Code of Criminal Procedure, 1973
    (hereinafter referred to as the ‘Cr.P.C.’), assailing the judgment dated
    13.12.2024 passed by the learned Additional Sessions Judge (SFTC), South-
    West District, Dwarka Courts, New Delhi in Criminal Revision No.
    1999/2024, whereby the revision petition preferred by the petitioner against
    the order dated 18.05.2024 passed by the learned Judicial Magistrate First
    Class (Mahila Court-02), South-West District, Dwarka Courts, New Delhi

    SPONSORED

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    was dismissed. By the impugned order dated 18.05.2024, the learned Trial
    Court discharged respondent Nos. 2 to 5 in FIR No. 364/2019, registered
    under Sections 498A/406/377/509/34 IPC at Police Station Dwarka South.
    The petitioner, being the complainant in the aforesaid FIR, seeks setting aside
    of the impugned orders.

    Brief Facts

    2. Facts giving rise to the present petition are that the petitioner was
    married to respondent no.2 on 28.04.2017 at Arya Samaj Mandir, Rani Bagh,
    New Delhi, according to Hindu rites and ceremonies. Thereafter, a societal
    marriage ceremony was performed on 19.06.2017 at City Park Resort, G.T.
    Karnal Road, New Delhi, whereafter the petitioner joined her matrimonial
    home at Jhulelal Apartments, Pitampura, and started residing with respondent
    no.2 and his family members. The petitioner and respondent no.2 are stated
    to be employed with Air India as an Air Hostess and a Pilot, respectively.

    3. According to the petitioner, matrimonial discord arose soon after the
    marriage. It is alleged that respondent nos.2 to 5 were dissatisfied with the
    manner in which the marriage had been solemnised and had indicated a
    demand for a Honda City car, which was declined by the petitioner’s father.
    The petitioner further alleges that her father had incurred expenses of
    approximately Rs.35 lakhs towards the marriage ceremonies and jewellery. It
    is also alleged that respondent no.2 insisted that the expenses of their proposed
    honeymoon to New Zealand be borne by her father, pursuant to which an
    amount of Rs.3,20,000/- was transferred by him to the petitioner’s bank
    account.

    4. The petitioner further alleges that after joining the matrimonial home,

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    she was subjected to taunts and harassment by respondent nos.2 to 5
    concerning the non-provision of a car and the quality of jewellery given by
    her family. According to the petitioner, on 20.06.2017, respondent no.5 took
    possession of her jewellery on the pretext of keeping the same in safe custody.

    5. It is further the case of the petitioner that during her stay at the
    matrimonial home, she was subjected to physical and verbal abuse. The
    petitioner has further alleged that respondent no.2 subjected her to non-
    consensual sexual acts on several occasions and assaulted her whenever she
    resisted. According to her, she was also repeatedly criticised and humiliated
    on account of her manner of dressing, speaking and other personal attributes.
    She further alleges that respondent nos.2 to 4 made derogatory remarks
    concerning her community and that, on one such occasion, respondent nos.3
    and 4 instigated respondent no.2 to assault her.

    6. According to the petitioner, approximately two months after the
    marriage, she came to know that respondent no.2 had been previously married
    and divorced, which fact, according to her, had not been disclosed prior to
    their marriage. She further alleges that she was pressurised by respondent no.2
    to resign from her employment and that the matrimonial relationship
    continued to deteriorate thereafter. It is also alleged that on 27.09.2017, she
    was assaulted and pressurised by respondent nos.2 to 5 to tender her
    resignation and agree to a divorce.

    7. The petitioner subsequently became pregnant and gave birth to a child
    at Fortis Hospital, Shalimar Bagh, Delhi. According to her, the strained
    relationship between the parties continued during this period as well. It is
    alleged that respondent no.2 prevented members of her parental family from
    meeting her at the hospital and that she did not receive adequate care from the

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    respondents during her pregnancy. The petitioner further states that after the
    delivery, she sought to collect her belongings and jewellery from the
    matrimonial home. On 29.03.2018, she allegedly demanded return of her
    jewellery and stridhan articles from respondent no.5, but the same were not
    handed over to her. The petitioner thereafter started residing at her parental
    home and the parties have been living separately since 29.03.2018.

    8. According to the petitioner, efforts were thereafter made by her and her
    family members to resolve the matrimonial disputes. She is stated to have met
    respondent no.2 on 04.12.2018 at Hotel Shangri-La, Ashoka Road, Delhi, in
    an attempt to reconcile their differences; however, the efforts did not fructify.
    The matrimonial discord eventually resulted in initiation of proceedings
    between the parties. The petitioner lodged a complaint before the CAW Cell,
    whereafter FIR No.364/2019 was registered at Police Station Dwarka South
    for the offences punishable under Sections 498A/406/377/509/34 of the
    Indian Penal Code, 1860 (hereinafter referred to as ‘IPC‘).

    9. Upon completion of investigation, a chargesheet came to be filed
    against respondent no.2 for the offences under Sections
    377
    /323/498A/406/509/34 IPC and against the remaining accused persons
    under Section 498A read with Section 34 IPC. The matter was thereafter
    placed before the learned MM, Mahila Court-02, Dwarka Courts, for
    consideration on charge.

    10. Vide order dated 18.05.2024, the learned MM, Mahila Court-02,
    Dwarka Courts, discharged the accused persons. So far as the offence under
    Section 406 IPC is concerned, the learned Trial Court observed that there were
    no clear and specific allegations regarding entrustment of the stridhan articles
    to accused Madhu Chopra or their dishonest misappropriation. It was further

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    observed that the accused persons were ready to return the admitted articles,
    however, the complainant had refused to receive the same. The learned Trial
    Court also noted that though the allegations under Section 406 IPC were
    against Madhu Chopra, the chargesheet had been filed against Aditya Chopra,
    against whom no such allegations had been levelled. Accordingly, both were
    discharged for the offence under Section 406 IPC. So far as the offence under
    Section 377 IPC is concerned, the learned Trial Court observed that except
    the allegations of the complainant, there was no other material or medical
    evidence on record to substantiate the same. The MLC dated 03.08.2019 also
    recorded that no external injury was seen and no swab was taken as the alleged
    incident was two years old. Accordingly, Aditya Chopra was also discharged
    for the offence under Section 377 IPC.

    11. Aggrieved by the aforesaid order, the petitioner preferred Criminal
    Revision No.1999/2024. Vide order dated 13.12.2024, the learned Additional
    Sessions Judge dismissed the revision petition observing that the material on
    record did not raise grave suspicion against the respondents so as to warrant
    framing of charges for the offences under Sections 498A/323/406/377/509/34
    IPC and found no ground to interfere with the order dated 18.05.2024.

    12. Aggrieved by the aforesaid orders, the petitioner has approached this
    Court seeking setting aside of the orders dated 18.05.2024 and 13.12.2024.

    Submissions on behalf of the Petitioner

    13. Learned counsel for the petitioner submits that the learned Trial Court
    as well as the learned Revisional Court failed to appreciate the specific
    allegations and material placed on record. It is submitted that the petitioner
    had specifically alleged that on 20.06.2017, respondent no.5 took her entire

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    jewellery for safe custody and thereafter refused to return the same despite
    demands made on 07.07.2017, 25.08.2017, 12.09.2017 and 29.03.2018. The
    jewellery bills form part of the chargesheet and the concerned jeweller has
    also been cited as a prosecution witness. Reliance is also placed upon the
    messages exchanged between the petitioner and respondent no.2 on
    28.04.2018. It is thus submitted that sufficient material exists for framing of
    charge under Section 406 IPC against respondent no.5.

    14. Learned counsel further submits that there are specific allegations
    against respondent nos.2 to 5 regarding demand of a car, physical assault,
    verbal abuse and harassment. The statements of the parents and relatives of
    the petitioner recorded during investigation are also relied upon to submit that
    a prima facie case under Section 498A read with Section 34 IPC is made out
    against respondent nos.2 to 5 and under Sections 323 and 509 IPC against
    respondent no.2. Learned counsel further submits that the Supreme Court in
    Aluri Venkata Ramana v. Aluri Thirupathi Rao & Ors. 2024 SCC OnLine
    SC 5473 has categorically held that Section 498A IPC recognizes two
    independent forms of cruelty, namely, wilful conduct causing physical or
    mental injury under clause (a) and harassment for unlawful demands under
    clause (b), and that the absence of a specific dowry demand does not exclude
    the applicability of Section 498A where the allegations disclose physical or
    mental cruelty. It is submitted that, in the present case, the specific allegations
    of physical assault, verbal abuse and harassment, supported by the statements
    recorded during investigation, are sufficient to constitute a prima facie case
    under Section 498A IPC.

    15. Learned counsel submits that at the stage of framing of charge, the
    Court is only required to see whether the material raises a prima facie case or

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    grave suspicion against the accused and is not required to examine its
    probative value. Reliance is placed upon State of Gujarat v. Dilipsinh
    Kishorsinh Rao
    2023 INSC 894, State of Maharashtra v. Som Nath Thapa
    (1996) 4 SCC 659, State of M.P. v. Mohan Lal Soni (2000) 6 SCC 338 and
    Sajjan Kumar v. CBI
    (2010) 9 SCC 368. It is submitted that the learned Trial
    Court examined the material beyond the scope permissible at the stage of
    charge and the learned Revisional Court failed to appreciate the same.

    Submissions on behalf of the State

    16. Learned APP for the State submits that the learned Trial Court failed to
    appreciate the material collected during investigation in its entirety. It is
    submitted that the complaint, statements recorded under Section 161 Cr.P.C.,
    documentary material and the list of stridhan articles form part of the
    chargesheet and disclose sufficient material for consideration of charge
    against the respondents. It is further submitted that there are specific
    allegations regarding entrustment of the jewellery articles to accused Madhu
    Chopra on 20.06.2017 and repeated demands for return of the same thereafter.

    17. Learned APP further submits that so far as the offence under Section
    377
    IPC is concerned, the allegations of the complainant could not have been
    discarded merely for want of medical or other corroborative evidence. It is
    submitted that the credibility of the allegations and the requirement of
    corroboration are matters to be considered at the stage of trial.

    18. Learned APP submits that the learned Trial Court committed a
    jurisdictional error by appreciating the evidentiary value of the prosecution
    material at the stage of framing of charge. It is submitted that at this stage, the
    Court was only required to consider whether the material placed on record

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    raised grave suspicion against the accused persons and was not required to
    examine whether the material would ultimately result in conviction. It is
    further submitted that the learned Revisional Court failed to correct the said
    error while affirming the order of discharge.

    Submissions on behalf of the Respondent nos. 2 to 5

    19. Learned counsel for respondent nos. 2 to 5 submits that the present
    petition is not maintainable and deserves to be dismissed. It is submitted that
    both the learned Trial Court and the learned Revisional Court have, after a
    detailed appreciation of the charge-sheet, statements recorded under Sections
    161
    and 164 Cr.P.C., medical records and other documentary evidence,
    rightly discharged the respondents. It is contended that the petitioner seeks a
    re-appreciation of evidence under the guise of invoking the inherent
    jurisdiction of this Court, though no perversity, illegality or jurisdictional
    error is made out in the impugned orders.

    20. Learned counsel further submits that the present FIR is a counterblast
    to the divorce petition instituted by respondent No.2 and that the petitioner
    thereafter initiated multiple proceedings, including proceedings under the
    Domestic Violence Act and Section 125 Cr.P.C., to harass the respondents. It
    is submitted that there was no complaint against the respondents prior to the
    institution of the divorce proceedings. He further submits that the petitioner
    was fully aware of respondent No.2’s previous marriage and the earlier
    criminal case against him, which ultimately stood quashed, and, therefore, the
    allegations of concealment or fraud are wholly misconceived.

    21. It is further submitted that the allegations of dowry demand, cruelty,
    criminal breach of trust and sexual offences are vague, omnibus, inherently

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    contradictory and unsupported by any contemporaneous medical or
    documentary evidence. Learned counsel submits that the essential ingredients
    of the offences under Sections 498A, 406, 323, 377 and 509 IPC are not
    disclosed. It is contended that there was no dishonest retention of the
    petitioner’s stridhan, as respondent No.2 had admitted the articles lying in his
    possession, expressed his willingness to return the same and even issued a
    notice to the petitioner for taking the admitted articles, which she declined. It
    is further submitted that the petitioner failed to produce bills or other
    documentary proof regarding the alleged jewellery and stridhan articles and
    that no offence under Section 406 IPC is made out.

    22. Learned counsel further submits that the petitioner has made several
    contradictory statements regarding the alleged incidents and has relied upon
    fabricated and unreliable documents. It is contended that respondent No.2
    took due care of the petitioner during the subsistence of the marriage, bore her
    medical and other expenses, made sincere efforts to preserve the matrimonial
    relationship, including arranging separate accommodation, whereas it was the
    petitioner who voluntarily left the matrimonial home and repeatedly harassed
    the respondents by making false complaints. It is also submitted that the
    investigation was unfair and failed to consider the documentary evidence and
    complaints lodged by the respondents. In these circumstances, it is submitted
    that the impugned orders are well reasoned and warrant no interference by
    this Court.

    Analysis

    23. The settled position of law is that at the stage of framing of charge, the
    Court is only required to examine whether the material collected during

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    investigation raises a prima facie case or grave suspicion against the accused.
    The Court is not expected to conduct a meticulous appreciation of the
    evidence or determine whether the prosecution is likely to ultimately secure a
    conviction. At the same time, where the material fails to disclose the basic
    ingredients of an offence, the accused cannot be compelled to undergo trial
    merely on the basis of vague or omnibus allegations.

    24. Insofar as the allegations relating to cruelty are concerned, this Court
    finds that both the learned Trial Court as well as the learned Revisional Court
    have considered the allegations of dowry demand, physical assault and
    matrimonial discord in the light of the material collected during investigation
    and have concurrently held that the material did not disclose grave suspicion
    warranting framing of charge. The impugned orders reflect that the Courts
    below examined whether the allegations, if taken at their face value, satisfied
    the essential ingredients of the offences alleged. No perversity or
    jurisdictional error is found in the concurrent findings warranting interference
    by this Court insofar as the offences under Sections 498A, 323 and 509 IPC
    are concerned.

    25. Upon examining the impugned orders, this Court is satisfied that the
    principles governing the stage of framing of charge have been correctly
    applied by both the Courts below. The judgments relied upon by the petitioner
    undoubtedly lay down the settled test of prima facie case and grave suspicion;
    however, the application of that test depends upon the facts of each case. In
    the present case, both the Courts below, upon due consideration of the
    material collected during investigation, have concurrently concluded that no
    grave suspicion arises against the respondents.

    26. So far as the offence under Section 406 IPC is concerned, the learned

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    Trial Court has specifically noticed that there were no clear and specific
    allegations establishing entrustment of the petitioner’s stridhan so as to
    constitute the offence alleged. It also noticed that the respondents had
    admitted possession of certain articles and had expressed willingness to return
    the same, whereas the petitioner declined to receive them. The learned Trial
    Court further found that although the allegations regarding entrustment were
    against Madhu Chopra, the charge-sheet had been filed against Aditya Chopra
    for the offence under Section 406 IPC. These findings have also been affirmed
    by the learned Revisional Court.

    27. Likewise, in respect of the offences under Sections 498A, 323 and 509
    IPC, the allegations were found to be insufficient to disclose the essential
    ingredients of the offences alleged, whereas, so far as Section 377 IPC is
    concerned, except for the allegations of the complainant, no contemporaneous
    medical or other supporting material was available during investigation. The
    learned Revisional Court has independently re-examined these aspects and
    found no ground to interfere with the order of discharge.

    28. The jurisdiction of this Court under Section 528 of the BNSS is not
    intended to substitute its own opinion for that of the Courts below. In the
    absence of any patent illegality, perversity or miscarriage of justice,
    interference with concurrent findings is not warranted. The petitioner
    essentially seeks a re-appreciation of the evidence, which is impermissible in
    the present proceedings.

    Conclusion

    29. In view of the aforesaid discussion, this Court is of the considered
    opinion that the impugned orders do not suffer from any illegality, perversity,

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    material irregularity or jurisdictional error warranting interference under
    Section 528 of the BNSS. The petitioner has failed to demonstrate that the
    concurrent findings recorded by the learned Trial Court, as affirmed by the
    learned Revisional Court, are contrary to the settled principles governing the
    stage of framing of charge or have resulted in any miscarriage of justice.

    30. Accordingly, the present petition, being devoid of merit, is dismissed.
    Pending application(s), if any, shall also stand disposed of.

    MADHU JAIN
    (JUDGE)
    AUGUST 7, 2026/Av

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