* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: February 28, 2025 Pronounced on: May 30, 2025 + CRL.M.C. 2013/2018, CRL.M.A. 7135/2018 ADESH GUPTA S/O LATE SHRI P.D. GUPTA, 3, PURNIMA FARM HOUSE, CHANDANHULLA, NEW DELHI .....Petitioner Through: Appearance not given.

VERSUS

1. THE STATE, THROUGH SECRETARY (GOVT. OF NCT OF DELHI)

2. MS. ANJU GUPTA W/O LATE SHRI DINESH GUPTA

3. SHRI ARPAN GUPTA S/O LATE SHRI DINESH GUPTA

4. SMT. AKRITI GUPTA D/O LATE SHRI DINESH GUPTA .....Respondent Through: Mr. Shoaib Haider, Ld. APP for the State with S/SI Neha P.S. Mehrauli.

Ms. Shubhangi Tiwari, Advocate for R-2 and R-3.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

Signature Not Verified Signed By:RITA CRL.M.C. 2013/2018 Page 1 of 13 NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) read with Article 227 of Constitution of India has been filed by the Petitioner, Sh. Adesh Gupta, to set aside the Order dated 20.01.2018 of the Ld. Additional Session Judge, New Delhi, which has upheld the Order dated 30.12.2016 of SDM, Mehrauli in case No.642/RA/MEH/2016, and the parties be directed to maintain status quo ante with regard to possession of the farm houses.

2. Briefly stated, M/s Bakemens Industries Pvt. Ltd. was the owner of the Farmhouses having total land admeasuring 42 bighas and 18 biswas comprising in Khasra Nos. l25/l(2-14), 125/2(2-2), 126/3(0-5), 127/1(1/16), 128/5(0-17), 129(4-16), 130(4-16), 131(2-16), 132(1-10), 133(5-13), 138(4- 16), 139(4-16), 140/1(2-2)128/3(0-11) & 128/4(0-14) 128/1 (0-14) and 128/2 (2-0) situated at Village Chandan Hulla, Tehsil Mehruali, Delhi. It is stated that the said land was purchased by the Petitioner, Sh. Adesh Gupta, and he has paid Rs.65 Lakhs as earnest money from his account. He being the member of the joint family, got 04 sale deeds executed on 23.06.2003, out of which one was in the name of his elder brother, Late Sh. Dinesh Gupta, Respondent No.1 and two Farms in the name of his wife Smt. Anju Gupta, Respondent No.2 as Late Sh. Dinesh Gupta was mentally sick and was not competent to take any decision. The fourth Farm was in his name.

3. The Petitioner asserted that specific Khasra numbers were mentioned in each of the respective Sale Deeds with demarcated map thereof duly annexed with each one of them so that the respective area of the farm can be easily identified; the Farms were thus, duly demarcated.

Signature Not Verified Signed By:RITA CRL.M.C. 2013/2018 Page 2 of 13

4. It is further asserted by the Petitioner, that he took the possession of the entire Farm land from erstwhile owners on the execution of the four Sale Deeds dated 23.06.2003. The entire Farmhouse had single boundary wall with one entry as one Unit which has been in exclusive possession of the Petitioner without any objection, interruption from anyone. It is the Petitioner, who with his family, has been residing since 23.06.2003 i.e.

w.e.f. date of purchase till date, and he alone had been maintaining it.

5. Certain family disputes arose between the parties and with an intent to harass and teach lesson to the Petitioner and his family, Respondent No.2, Smt. Anju Gupta on 09.09.2015 tried to interfere in the peaceful possession of the Petitioner, Sh. Adesh Gupta by illegally trespassing in the aforesaid farmhouse, which was resisted by the Petitioner and the Respondents were unable to achieve their illegal object of trespassing.

6. In pursuit of the illegal object, they adopted illegal method and entered into a criminal conspiracy with the Authorities and approached the Tehsildar, Mehrauli, who issued Notice dated 20.11.2015 to the Petitioner for conducting alleged demarcation of the land of Khasra No.94,95/l,96 etc., village Chandanhulla owned by Respondent No.2, Smt. Anju Gupta.

7. Sh. Adesh Gupta gave his Reply dated 23.11.2015, wherein he specifically pointed out that the land in question is already demarcated and the Sale Deeds contai