IN THE HIGH COURT OF DELHI AT NEW DELHI
HARKIRAT SINGH SODHI – Appellant
Versus
STATE & ANR. – Respondent
CRLMM - 5891/2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 30th October, 2025 Pronounced on: 20th January, 2026 + CRL.M.C. 4225/2018 & CRL.M.A. 30417/2018 HARKIRAT SINGH SODHI S/o. Shri M. S. Sodhi, R/o 210-A, Golf Links, New Delhi .....Petitioner Through: Mr. Lalit Gupta, Mr. Rajat Asija, Ms. Mansi Singh, Mr. Anmol Ghai, Ms. Ishita Nautiyal and Ms. Shreeyam Kedia, Advocates versus
1. STATE OF NCT OF DELHI Through its Chief Secretary, Delhi Secretariat, I.P. Estate, New Delhi.
2. RAVINDER SINGH S/o Late Shri M. S. Sodhi, R/o. M-77, Greater Kailash-I, New Delhi .....Respondents Through: Mr. Ajay Vikram Singh, APP for the State.
+ CRL.M.C. 5891/2019 & CRL.M.A. 40685/2019 HARKIRAT SINGH SODHI S/o. Late Shri Mohinder Singh, R/o 210-A, Golf Links, New Delhi .....Petitioner Through: Mr. Lalit Gupta, Mr. Rajat Asija, Ms. Mansi Singh, Mr. Anmol Ghai, Ms. Ishita Nautiyal and Ms.
Shreeyam Kedia, Advocates versus
1. STATE OF NCT OF DELHI Through Standing Counsel (Crl.), Delhi High Court.
2. RAVINDER SINGH (RAVINDRE SINGH GANDOAK)
S/o Late Shri Mohinder Singh, R/o. M-77, Greater Kailash-I, New Delhi .....Respondents Through: Mr. Ajay Vikram Singh, APP for the State.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T
NEENA BANSAL KRISHNA, J.
1. The aforesaid two Petitions have been filed under Section 482 Cr.P.C. on behalf of the Petitioner, Harkirat Singh Sodhi, for quashing of the Complaint under Section 200CrPC for the offences 499/500 IPC filed on behalf of Respondent No.2, Ravinder Singh Gandoak, and the summoning Order dated 06.07.2017 of the Ld. MM, which have been upheld by the Revisional Court vide Order dated11.07.2018 and 18.07.2019.
2. The brief facts are that a Complaint Case No. 89247/2016 was filed by Respondent No. 2, Shri Ravinder Singh Gandoak, against the Petitioner, Shri Harkirat Singh Sodhi - his brother-in-law (husband of the sister)- under Section 200 Cr.P.C. for offences under Sections 499/500 IPC. The Complainant/Respondent No. 2 asserted that the Petitioner has been involved in various disputes concerning the property and assets of their deceased mother, Sardarni Surinder Kaur Sodhi, who expired on
31.12.2013.
3. Two testamentary petitions are pending before this Court. Test Case No. 38 of 2014 titled Harkirat Singh Sodhi v. State & Ors., before this Court, was filed by the Petitioner seeking probate of a registered Will dated
13.01.1987 executed by his mother in his favour.
4. The second Test Case No. 42 of 2014 was filed by Smt. Amita Gandoak, Respondent No. 2’s wife (and Petitioner’s sister), to seek probate of an alleged unregistered Will dated 07.09.2004, which purportedly revoked the 1987 Will. Amita Gandoak asserted that her mother had left a handwritten Will dated 07.09.2004, whereby she bequeathed her house bearing No. 210-A, Golf Links, New Delhi, jointly to Amita Gandoak and the Petitioner, Harkirat Singh Sodhi. She had earlier executed a registered Will dated 13.01.1987, which was allegedly revoked by a Registered Revocation Deed dated 05.06.2004. The Petitioner has claimed that he is contesting this petition and has disputed its validity, contending that it was forged and that the 1987 Will remained the last valid testament. He also denied the existence or validity of any revocation deed, asserting that the original registered Will of 1987, was never lawfully revoked.
5. Both testamentary petitions remain pending adjudication before this Court.
6. The Respondent No. 2 filed a Complaint under Sections 499/500 IPC alleging that the Petitioner, Harkirat Singh Sodhi, made defamatory statements against him (Ravinder Singh Gandoak) and relied on the following three instances:
a) Police Complaint dated 02.08.2014 filed by the Petitioner before Police Station Tughlak Road, New Delhi, against Respondent No.
2’s wife (Amita Gandoak, who is also the Petitioner’s sister), wherein the Petitioner stated that “Mr. Ravinder Singh Gandoak has earlier also committed such forgeries in respect of his late father‟s properties and
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