CRL.M.C. 5119/2025 $~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010512232025 + CRL.M.C. 5119/2025 SIMMI PATWA @ SAMIR PATWA .....Petitioner Through: Mr. Dawneesh Shakti Vats, Mr. Mohd. Yasin & Mr. Aditya Kumar, Advocates. versus KAJAL VERMA .....Respondent Through: Mr. Rahul Kumar, Mr. Govind Manoharam, Advocates for complainant. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 17.09.2026 CRL.M.A. 28820/2026 (for early hearing) This is an application filed by the petitioner seeking early hearing of the captioned petition. For the reasons stated, and with the consent of learned counsel for the respondent, the application is allowed, and the petition is taken up on Board. The application stands disposed of. CRL.M.C. 5119/2025 1. By way of this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], the petitioner seeks quashing of complaint case No. 1062/2025 instituted by the respondent against the petitioner, under the Protection of Women from Domestic Violence Act, 2005 [“DV Act”]. 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 19/09/2026 at 11:10:02 CRL.M.C. 5119/2025 2. Mr. Dawneesh Shakti Vats, learned counsel for the petitioner, submits that the proceedings under DV Act are not maintainable as both parties are female, and are involved in a same-sex relationship. He submits that such a relationship does not fall within the definition of “domestic relationship” under Section 2(f) of the DV Act. 3. In the course of hearing, it is stated that, during the pendency of this petition, the petitioner filed an application before the Trial Court challenging the maintainability of the proceedings, on the same grounds. That application has been heard by the Mahila Court, and the judgment has been reserved. It is next listed on 26.09.2026. 4. In these circumstances, Mr. Vats does not press this petition, at this stage, but reserves the rights and remedies available to the petitioner, in accordance with law, in the event of any adverse orders. 5. I am also informed that another petition under Section 528 of the BNSS, being CRL.M.C. 7480/2025 is pending between the same parties, arising out of an FIR inter alia under Section 498A of the Indian Penal Code, 1860. The present petition, however, does not concern the said FIR and a decision in that petition will be taken on its own merits. 6. The petition is dismissed as withdrawn in terms of the above submissions. 7. It is made clear that this Court has not made any comment on the merits of the contention, and all the rights and remedies of the parties are left open. PRATEEK JALAN, J SEPTEMBER 17, 2026/‘pv’/AD/ 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 19/09/2026 at 11:10:02