MAYANK BHUSHAN & ORS. v. STATE OF NCT OF DELHI & ANR.
CRL.M.C./4861/2026 · 2026-08-12
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15400 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15400 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010299982026 + CRL.M.C. 4861/2026 MAYANK BHUSHAN & ORS. .....Petitioners Through: Ms. Chetna, Adv. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP with SI Meena Malik, PS Maurya Enclave.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 12.08.2026
1. This hearing has been done through hybrid mode. CRL.M.A. 20345/2026 (seeking exemption)
2. Allowed, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 4861/2026 & CRL.M.A. 20344/2026
3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), corresponding to Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’), seeking quashing of FIR No. 261/2025, registered under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’), at P.S. Maurya Enclave, as well as the chargesheet dated 03.11.2025 filed before the Learned Judicial Magistrate First Class (Mahila Court), North West District, Rohini court vide Cr. Case 13333/2025 and all proceedings emanating therefrom. 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 17/08/2026 at 11:22:42
4.
Learned counsel for the petitioners submits that respondent No. 2 left the matrimonial home in 2024 and thereafter lodged the present FIR in 2025. It is submitted that, prior thereto, respondent No. 2 had never made any complaint against any of the petitioners. It is further submitted that petitioner Nos. 2 and 3, who are the mother-in-law and father-in-law of respondent No. 2, have been living separately from the petitioners since the date of marriage and that all the petitioners have been falsely implicated by respondent No. 2.
5.
Learned Counsel for the petitioners further submits that respondent No.2 since marriage has had hostile behaviour towards the petitioners and she has intentionally lodged the false FIR against the petitioners. 6. Learned APP for the State submits that there are specific allegations against each of the petitioners in the complaint given by the respondent No.2 on the basis of which, the present FIR came to be registered. 7. Learned APP further submits that at this stage charges are yet to be framed. This Court under Section 528 of BNSS cannot undertake the exercise of the appreciation of evidence and dismiss the case of the prosecution at its threshold. 8. I have heard the parties and perused the record. 9. Whether the Respondent No.2 has made false allegations against the petitioners or whether any cause of action arose within the jurisdiction of Delhi Courts are questions of fact and not of law, which cannot be decided at this stage. 10. In the present case, charge-sheet has already been filed and charges are yet to be framed against the petitioners. The submissions advanced on behalf of the petitioners can be appropriately urged before the learned Trial Court at the stage of arguments on charge. 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 17/08/2026 at 11:22:42
11. The Court, at this stage, cannot throw away the case of the prosecution presuming the whole case of the prosecution to be the false one. 12. In view of the aforesaid discussion, no ground for interference is made out. 13. At this stage, learned counsel for the petitioner submits that petitioner Nos. 2 and 3 be exempted for appearance from the Trial Court. 14. The Petitioners are at liberty to move an application before the Trial Court which the Trial Court may consider favourably as per law. 15. The present petition is, accordingly, dismissed. 16. Pending application(s), if any, also stand(s) disposed of. 17. A copy of this order be sent to the learned Trial Court for necessary compliance and information. 18. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 12, 2026/JYH/sd 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 17/08/2026 at 11:22:42