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2023 Supreme(Del) 3798

SWARANA KANTA SHARMA
Ashish Gupta – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Kanhaiya Singhal, Mr. Ujwal Ghai, Mr. Prasanna, Mr. Ajay Kumar & Mr. Om Saran Gupta, Advocates, for the Petitioner.
Mr. Naresh Kumar Chahar, APP, for State with SI Anuj M. PS Rajouri Garden.

JUDGMENT

Swarana Kanta Sharma, J. The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') on behalf of the petitioner seeking quashing of complaint no. 379/1/2014 dated 22.07.2014 under Section 354A/354B/323/34 of Indian Penal Code, 1860 (`IPC') and all other consequential proceedings emanating therefrom including the summoning order dated 01.12.2015 under Section 354A/354B/356/379 of IPC and order on point of charge dated 01.10.2019 passed by learned Metropolitan Magistrate-02, West, Tis Hazari Courts, Delhi (`Magistrate').

2. Factual background of the present case is that the respondent no. 2 i.e. complainant had lodged a complaint vide DD No. 68B with the Police Station Rajouri Garden on 18.07.2014, addressed to the SHO, regarding an alleged offence which had taken place on 01.12.2013 at B-83, Tagore Garden, New Delhi. It was alleged that on 01.12.2013about 7:30 A.M., the complainant with her mother had gone to the said premises where the accused persons namely Ashish Gupta i.e. the petitioner and his father i.e. Om Saran Gupta had verbally abused the complainant and they had also started physically man-handling the complainant a

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