WRIT PETITION None

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3033/2025 & CRL.M.A. 28050/2025SNEHA VIG

.....Petitioner Through: Mr. Banka Bihari Panda, Mr. Ankit Sharma, Mr. Anil Kumar Tanwar, Mr. Bhaskar Singh & Mr. Sumit Kumar, Advs.

versus

THE STATE OF NCT OF DELHI AND ANR

.....Respondents Through: Mr. Anand V. Khatri, ASC (Crl.) for the State. SI Mandeep, PS Saket. Ms. S. Wadhwa, Adv. for R-2.

CORAM:HON'BLE MR. JUSTICE AMIT MAHAJANO R R18.09.2025

1.The present petition is filed by the petitioner under Article 227 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking directions to Respondent. No. 1 to register an FIR against Respondent No. 2.

2.The petitioner is essentially aggrieved that Respondent No. 2, who is her husband, is defaming her and the Police, despite the various complaints being given by the petitioner, are not taking any action against him.

3.The Parties seem to be embroiled in matrimonial dispute and have been litigating against each other before various forums.

4.Concededly, the petitioner has an alternate efficacious

remedy in the form of filing an application under Section 175(3) of the BNSS before the concerned Magistrate.

5.The Hon’ble Apex Court in the case of Sakiri Vasu v.

State of Uttar Pradesh : (2008) 2 SCC 409, held that if person is aggrieved by the fact that his FIR is not being registered by the police, then the remedy of the said person is to not approach the High Court under its writ jurisdiction but to file an application under Section 156(3) of the Code of Criminal Procedure, 1973 (‘CrPC’) [presently Section 175(3) of the BNSS] before the concerned magistrate.

6.Considering the above, the petitioner seeks liberty to withdraw the present petition and seek appropriate remedy in accordance with law.

7.The present petition stands dismissed as withdrawn.

AMIT MAHAJAN, J

SEPTEMBER 18, 2025 “SK”