NITEEN SUBHASH YEOLA v. STATE OF NCT OF DELHI & ANR.
CRL.M.C./1433/2021 · 2026-07-23
Purushaindra Kumar Kaurav
body2021
DailyLaw.ai
[ 2021 DAILYLAW 2858 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2021 DAILYLAW 2858 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1433/2021 NITEEN SUBHASH YEOLA .....Petitioner Through: Ms. Swaty Singh Malik, Mr. Rohan Kumar and Ms. Kaushambi, Advocates. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. Ms. Swaty Singh Malik, Mr. Rohan Kumar and Ms. Kaushambi, Advocates for R-2.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R %
23.07.2026
1. The present petition has been filed seeking quashing of FIR No. 20/2021 registered at Police Station Parliament Street for offences under Sections 506/509/498A/384/420/326/34 Indian Penal Code, 1860 [“IPC”].
2. The FIR arises out of matrimonial disputes between the petitioner and respondent No.2. The petitioner contends that the allegations levelled against him and his family members are vague, motivated and arise from a personal grudge, whereas respondent No.2 alleges that she was subjected to physical, mental, sexual and financial cruelty, as well as demands for money and gold. The FIR, initially registered in Bengaluru, was subsequently transferred to Police Station Parliament Street, New Delhi, where further investigation was conducted. 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 25/07/2026 at 11:34:31
3. The Supreme Court in State of Maharashtra v. Salman Salim Khan,1 at paragraph 12, as under:
“12. We are of the opinion that though it is open to a High Court entertaining a petition under Section 482 of the Code to quash charges framed by the trial court, same cannot be done by weighing the correctness or sufficiency of evidence. In a case praying for quashing of the charge, the principle to be adopted by the High Court should be that if the entire evidence produced by the prosecution is to be believed, would it constitute an offence or not. The truthfulness, the sufficiency and acceptability of the material produced at the time of framing of charge can be done only at the stage of trial. By relying upon the decisions of the Apex Court, most of which were with reference to appeals arising out of convictions, we think the High Court was not justified in this case in giving a finding as to the non- existence of material to frame a charge for an offence punishable under Section 304 Part II IPC, therefore, so far as the finding given by the High Court is concerned, we are satisfied that it is too premature a finding and ought not to have been given at this stage. At the same time, we are also in agreement with the
arguments of the learned counsel for the respondents that even the Sessions Court ought not to have expressed its views in such certain terms which indicates that the Sessions Court had taken a final decision in regard to the material to establish a charge punishable under Section 304 Part II IPC.”
4. In the present case, the investigation has been completed and the chargesheet has already been filed before the competent Court. In view of the principles laid down by the Supreme Court, this Court is of the opinion that the objections raised by the petitioner are more appropriately considered by the Trial Court at the appropriate stage in accordance with law.
5. It shall be open to the petitioner to raise all permissible objections before the Trial Court at the appropriate stage.
6. If the grievance of the petitioner is not mitigated, he shall be at liberty to take appropriate recourse in accordance with law.
7. The Trial Court shall proceed with the matter expeditiously in accordance with law.
1 (2004) 1 SCC 525. 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 25/07/2026 at 11:34:31
8. In view of the aforesaid, the instant petition along with pending applications, if any, stands disposed of.
PURUSHAINDRA KUMAR KAURAV, J JULY 23, 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 25/07/2026 at 11:34:31