Rajnish Kumar Biswakarma vs State of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1097

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Rajnish Kumar Biswakarma – Appellant
Versus
State of NCT of Delhi – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Vivek Sharma, Adv. Mr. Vikas Sharma, Adv. Mr. Prashant Chaudhary, Adv. Mr. Ram Kumar, Adv. Mr. Rajeev Kumar Jha, Adv. Mr. Devendra Singh, AOR
For the Respondent(s): Mr. Satya Darshi Sanjay, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Meera Patel, Adv. Mr. Akshay Amritanshu, Adv. Mr. Bhuvan Kapoor, Adv. Mr. B K Satija, Adv. Mr. Lal Singh Thakur, Adv. Mr. Syed Mehdi Imam, AOR Mr. Tabrez Ahmad, Adv. Mr. Sudhir Teotiya, Adv. Mr. Himanshu Vats, Adv.

ORDER

1. Leave granted.

2. The appellant is shown as accused in First Information Report (FIR) registered at the instance of the second respondent for the offences punishable under Sections 498A, 406 read with Section 34 of the Indian Penal Code, 1860 (for short, the IPC’). Prior to registration of the FIR on 8th May, 2019, the appellant-husband filed a petition under Section 12 of the Hindu Marriage Act, 1955 seeking a declaration of nullity of his marriage with the second respondent. A writ petition was filed earlier by the appellant for quashing the First Information Report. In November, 2020 the said petition was withdrawn. Thereafter, on 23rd June, 2021, a decree of nullity was passed by the Family Court. Thereafter, the present writ petition was filed for quashing.

3. By the impugned order, the said writ petition has been dismissed. All that the High Court has recorded is that the decree of nullity which was an ex-parte decree has been challenged by the second respondent. The High Court directed that the decree of nullity as well as appeal preferred by the second respondent shall be placed before the Trial Court. The High Court goes further and states that the Trial Court shall

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