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2023 Supreme(Del) 2694

SWARANA KANTA SHARMA
Sunder Kukreja – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Madhav Khurana, Mr. Vignaraj Pasayat and Mr. Kartikeye Dang, Advocates, for the Petitioner.
Mr. Naresh Kumar Chahar, APP, for State with SI Vivek Gautam, P.S. Amar Colony Mr. Manoj Taneja, Advocate, for the Complainant.

JUDGMENT

Swarana Kanta Sharma, J. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter "Cr.P.C.") seeking following reliefs:

i. Setting aside of order dated 19.12.2019 passed in C.R. No. 478/2019 titled `Sunder Kukreja vs. State & Anr., by Addl. Sessions Judge-02 (South-East), Saket Courts, New Delhi (hereinafter "learned ASJ"); and

ii. Quashing the order on charge dated 28.05.2019 passed in Cr.C. No. 92310 of 2016 titled `State vs. Sunder Kukreja' by learned Metropolitan Magistrate (Mahila Court)-02, South East District, SaketCourts, New Delhi (hereinafter "learned MM") and the charge framed under Sections 354/354D/506 of Indian Penal Code, 1860 (hereinafter "IPC").

2. The present FIR bearing no. 1310/2015 under Sections 354/354D/506 IPC was registered on 19.12.2015 at Police Station Amar Colony, New Delhi on the basis of complaint filed by complainant `R. wherein it was stated that on 19.12.2015, the petitioner, along with his wife and other family members,was present at M-Cinemas, East of Kailash, New Delhi (hereinafter "the premises"), and when the complainant was trying to enter the premises, her way was blocked by several b

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