Gurmeet Kaur vs Devender Gupta - 2024 Supreme(SC) 1177

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1177

B. V. NAGARATHNA, N. KOTISWAR SINGH
Gurmeet Kaur – Appellant
Versus
Devender Gupta – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Mukul Rohtagi, Sr. Adv. Mr. Alok Sangwan, Sr. A.A.G. Mr. Sameer Rohtagi, Adv. Mr. Sumit Kumar Sharma, Adv. Mr. Samar Vijay Singh, AOR Mr. Rajat Sangwan, Adv. Ms. Sabarni Som, Adv. Mr. Fateh Singh, Adv.
For the Respondent(s): Mr. Aseem Mehrotra, Adv. Ms. Deeksha Mehrotra, Adv. Mr. Rajeev Singh, AOR Mr. Akshay Amritanshu, AOR Ms. Drishti Saraf, Adv. Ms. Pragya Upadhyay, Adv. Ms. Swati Mishra, Adv.

JUDGMENT

B.V. NAGARATHNA, J.

1. Leave granted.

2. Being aggrieved by the order dated 18.09.2017 passed in CRM-M-4549-2015 by the High Court of Punjab and Haryana at Chandigarh in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973 dismissing the petition as not maintainable; and order dated 01.11.2017 passed in application bearing CRM No. 33535 of 2017 declining to recall the order dated 18.09.2017, the appellant is before this Court.

3. The relevant facts of the case are that the appellant herein filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking quashing of Complaint No. 1383 dated 13.03.2010/11.11.2011 titled Devender Gupta vs. Director, Town and Country Planning and Others along with the proceedings thereof. The said complaint was filed by Devender Gupta under Sections 323, 452, 506, 427, 384, 440, 166, 148, 149 read with Section 34 of the Indian Penal Code, 1860 (for short “IPC”) along with all consequential proceedings and the impugned order dated 20.11.2014 passed by the learned Judicial Magistrate, First Class, Gurgaon summoning the appellant herein and two others for the aforesaid offences were assa