The Delhi High Court has issued notice on a petition seeking quashing of FIR arising out of same-sex marriage dispute, registered under Sections 498A, 406, 506, and 34 of the Indian Penal Code (IPC) at Police Station Mehrauli, alleging matrimonial cruelty.
Justice Sanjeev Narula, issued notice to the Government of NCT of Delhi and the complainant, directing that a status report be filed by the prosecution before the next date of hearing.
The petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), invoking the High Court’s inherent jurisdiction to prevent abuse of process and secure the ends of justice.
The petitioner challenged the domestic violence complaint filed by the petitioner’s former same-sex partner, on the ground that the relationship was between two women, and therefore, proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) were not legally maintainable.
The Court, while granting the procedural exemptions, observed that the petitioner must file clearer copies of the annexed documents as per the Delhi High Court (Original Side) Rules.
The matter will next be heard on 13 November 2025.
Appearances
Petitioner- Mr. Mohd. Yasin, Mr. Dawneesh Shaktivats, Mr. Aman and Mr. Sami Ahmed, Advocates.
Respondents- Mr. Hemant Mehla, APP for the State.
