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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J
OM SARAN GUPTA – Appellant
Versus
STATE OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. petition filed for quashing an fir. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. allegations of fraud and misuse of legal processes. (Para 10 , 11 , 12 , 19) |
| 3. elements required for offences under ipc. (Para 36 , 40 , 41 , 44 , 50) |
| 4. criteria for quashing fir based on non-establishment of charges. (Para 69 , 70 , 72) |
| 5. court’s order to quash fir. (Para 75 , 76) |
1. Petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been filed on behalf of the Petitioners, Om Saran Gupta, Siddharth Gupta @ Lohia and Ashish Gupta seeking quashing of FIR No. 073/2015 dated 22.01.2015 registered under Section s 498A /406/34 of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”) P.S. Vikas Puri, the Chargesheet and Summoning Order dated 15.01.2021 passed by Ld. MM-04 Delhi and all consequential proceedings emanating therefrom.
2. At the outset, it has to be noted that the Petitioner No.2/Siddharth Gupta and Petitioner No.3/Ashish Gupta have been discharged under Sections 498A/406/34 IPC by the Ld. MM (Mahila Court)-04, South West District, Dwarka Court, New Delhi vide Order dated 16.03.2023. The present
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