Satender vs State Govt. Of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Del) 487

IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA
Satender – Appellant
Versus
State Govt. Of NCT of Delhi – Respondent

Advocates Appeared:
For the Appellant :Mr. N.S. Dalal, Mr. Aman Mudgal, Ms.Nidhi Dalal, Mr. Alok Kumar, Ms. Rachna Dalal and Mr. Karan Mann, Advocates.
For the Respondent:Mr. Sanjeev Sabharwal, SI Priyanka, Mr. Mohit Mathur, Sr. Advocate, Mr. Tanmay Mehta, Ms. Manisha Parmar, Ms. Shreya Bhola, Ms. Kanika Handa, Mr. Vignesh and Mr. S. Singh, Advocates

Table of Content
1. anticipatory bail application details and initial allegations. (Para 1 , 2)
2. arguments made by both parties regarding the allegations. (Para 5)
3. court's observations on evidence and relationship dynamics. (Para 6)
4. interpretation of consent and promise in sexual relations. (Para 8)

JUDGMENT :

AMIT SHARMA, J.

1. The present application under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘ Cr.P.C.’) has been filed on behalf of the applicant seeking anticipatory bail in FIR No. 418/2022 under Sections 498A /406 IPC, 376, 313 registered at P.S. Ambedkar Nagar, Delhi.

2. The case of the prosecution against the present applicant as per the FIR registered on behalf of the complainant is that she was married to one Surender on 04.02.2014, and out of the said wedlock one male child namely “D” was born on 07.07.2016. Immediately after the marriage, the attitude and behaviour of the complainant’s husband and other in laws was very rude and cruel and they used to harass her for bringing insufficient dowry. It is alleged that during the said quarrel between the complainant and her husband, i.e., the applicant herein, who is the cousin brother of the previous h