Sanjay Chaudhary vs State

* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
Date of Decision: 23 April, 2026
IN THE MATTER OF:
+ CRL.A. 1102/2013
SANJAY CHAUDHARY .....Appellant
Through: Mr. Anindya Malhotra, Advocate
(DHCLSC).

versus

STATE .....Respondent
Through: Mr. Mukesh Kumar, APP for State
with SI Arti Singh, PS Begumpur.

CORAM:
HON'BLE MR. JUSTICE VIMAL KUMAR YADAV
JUDGMENT (ORAL)
VIMAL KUMAR YADAV, J.
1. “ What God has achieved through the Ten Commandments,
Man has failed to achieve in millions of laws ”
- William Pitt
Men made laws have failed to do comprehensive, complete and
acceptable justice. The provision of amendments introduced in various
Statutes are ample proof of the vulnerability of Statutes. Incidentally, no
amendment can be claimed to be the last, howsoever, latest it may be. As
such, some sort of mechanism is in practically every Statute to take care of
unforeseen and incomprehensible situations. It reflects the limitations of
human comprehension and foresight and of the legal provisions. And that
seems to be the reason that one or the other provision is there in the Statutes
to take care of such situations. The discretionary provisions and flexibility
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Signed By:PRIYA
Signing Date:28.04.2026
13:13:38

provided to the Courts are all aimed to secure the ends of justice, real,
substantial, comprehensive and acceptable to not only the contesting sides,
but the general conscience of the society too.
2. While relying upon the judgment of the Apex Court in K.
Kirubakaran vs. State of Tamil Nadu , 2025 SCC OnLine SC 2307 and
Sandeep Singh Thakur vs. State of Madhya Pradesh, 2025 SCC OnLine SC
2927 , it is submitted that, the instant appeal is a fit case where the
extraordinary jurisdiction of this Court should be invoked to do the
substantial and effective justice, befitting in the facts and circumstances of
the instant case.
3. The Appellant was held guilty under Sections 363/365/366/376 Indian
Penal Code 1860 (IPC) vide Judgment dated 19.07.2013 and was sentenced
to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine
of Rs. 8,000/- and in default of payment of fine, he was to further undergo
Rigorous Imprisonment for a period of 2 years for the offence punishable
under Section 376 IPC. He was also sentenced to undergo Rigorous
Imprisonment for a period of 7 years and to pay a fine of Rs. 4,000/-, and in
default of payment of fine, he was to further undergo Rigorous
Imprisonment for a period of 1 year for the offence punishable under
Section 363 IPC. He was further sentenced to undergo Rigorous
Imprisonment for a period of 7 years and to pay a fine of Rs. 4,000/-, and in
default of payment of fine, he was to further undergo Rigorous
Imprisonment for a period of 1 year for the offence punishable under
Section 365 IPC. Additionally, he was also sentenced to undergo Rigorous
Imprisonment for a period of 7 years and to pay a fine of Rs. 4,000/-, and in
default of payment of fine, he was to further undergo Rigorous
Imprisonment for a period of 1 year for the offence punishable under
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Signed By:PRIYA
Signing Date:28.04.2026
13:13:38

Section 366 IPC vide Order on Sentence dated 20.07.2013. All sentences
were to run concurrently.
4. The appeal preferred on behalf of the Appellant, was supported by the
prosecutrix by way of an affidavit placed on record, wherein it was stated
that she has no objection if the FIR in question or the order on sentence was
set aside, inasmuch as she had married the Appellant and was residing
separately from her family owing to their disapproval of the relationship.
The said position was taken note of at the relevant stage and considering the
peculiar facts and circumstances of the case, the sentence of the Appellant
was suspended vide order dated 19.11.2013, subject to conditions.
5. Subsequently, it has been brought on record that the Appellant and the
prosecutrix have solemnized their marriage and are residing together as
husband and wife. It has further been placed on record that they have been
cohabiting for a considerable period and have been blessed with 03 children
out of the said wedlock, thereby reflecting the existence of a stable and
settled domestic life.
6. Against this backdrop, the Appellant along-with the prosecutrix has
appeared before the Court and it has been submitted that they are living
together peacefully as a family. The prosecutrix, who is now the legally
wedded spouse of the Appellant, has unequivocally supported him and has
stated that she has no objection if the appeal is disposed of by modifying the
sentence to the period already undergone.
7. The prosecutrix, duly identified in Court, has affirmed the aforesaid
position and has placed reliance not only upon her earlier affidavit but also
upon a subsequent affidavit placed on record, wherein she has reiterated the
factum of her marriage with the Appellant and has also disclosed that they
have three minor children from the said wedlock. It has been categorically
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Signed By:PRIYA
Signing Date:28.04.2026
13:13:38

stated that she has no subsisting grievance against the Appellant and that any
further incarceration would have a direct and adverse impact on their family
life, particularly on the upbringing, care and welfare of their children.
8. Having considered the material placed on record, including the earlier
proceedings relating to suspension of sentence, the affidavits of the
prosecutrix and the document substantiating the marriage and continued
cohabitation between the parties, there appears no justification to disturb the
settled life now being led by them. The existence of a subsisting marital
relationship, coupled with their continued cohabitation and responsibility
towards their children, are relevant circumstances, which weighs in favour
of consideration on the aspect of sentence.
9. The Nominal Roll filed on record reflects that the Appellant has
already undergone approximately 1 year, 10 months and 7 days in
incarceration, excluding the period of 28 days remission.
10. In view of the aforesaid facts and circumstances, particularly taking
into account the subsequent developments, the settled relationship between
the parties, and the fact that the prosecutrix herself supports the Appellant,
the matter requires intervention on the aspect of sentence. In any case, the
thrust of the present appeal, at this stage, stands substantially confined to the
question of sentence in the light of the developments that have taken place
during its pendency.
11. In the interest of justice, it appears appropriate to modify the sentence
to the period already undergone by the Appellant, especially in view of the
peculiar facts and circumstances and the settled life of the parties, which
distinguishes the present case.
12. The instant case is one where such intervention is warranted.
Considering the entire gamut of facts and circumstances, especially the fact
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Signed By:PRIYA
Signing Date:28.04.2026
13:13:38

that the Appellant and the prosecutrix have now been married for the last
about 13 years, living together and have three minor children. No grievance
or apprehension has been expressed by the prosecutrix. On the contrary,
refusal to grant relief would have the effect of disturbing the settled family
structure and adversely impacting not only the Appellant but also the
prosecutrix and their children.
13. As such, considering the entire spectrum of facts and circumstances,
the judgment of conviction dated 19.07.2013 is upheld and maintained.
However, the Order on Sentence dated 20.07.2013 stands modified to the
extent that the period of custody already undergone by the Appellant shall
be treated as the substantive sentence, which in the peculiar circumstances
of the case would be appropriate to meet the ends of justice.
14. This shall, however, not be treated as precedent in any manner as
confined to the peculiar set of facts of the instant case.
15. The appeal stands disposed of accordingly.

VIMAL KUMAR YADAV, J
APRIL 23, 2026/ps
Signature Not Verified
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Signed By:PRIYA
Signing Date:28.04.2026
13:13:38