W.P.(CRL) 1227/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 17.05.2022

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W.P.(CRL) 1227/2021

SURAJ AGGARWAL & ORS.

..... Petitioners

Through:

Mr. Siddharth Tyagi, Adv.

versus

STATE & ANR.

..... Respondents

Through:

Ms. R.S Kundu, ASC for State with

Mr. Agniwesh Singh, Ms. Mukul

Dagar, Mr.Neetej Kumar, Mr. Narish

Dagar, Ms. Pooja,

SI Monika Singh, PS K N Kaitjumar

G

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G M E N T

:

JASMEET SINGH, J (ORAL)

1.

This is a petition seeking quashing of FIR No. 184/2020 dated

23.06.2020 registered at P.S. K.N Katju Marg, Rohini u/s 354B/ 323/

509/506/ 34 IPC, 1860.

2.

An FIR has been filed against the petitioners on 23.06.2020 by Mr.

Daljit Kaur alias Rani wife of Jitender Singh, resident of F-2/22 First Floor,

Sector 16, Rohini, Delhi-110085. In the FIR it is submitted that she was

unable to pay rent for some months, as a result of which it is alleged that

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001964

W.P.(CRL) 1227/2021

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petitioners barged into the house of the complainant, threatened her and tore

her clothes. It is further submitted that another person had a scuffle with the

complainant. On the above allegations, the FIR has been registered.

3.

The status report has been filed on 09.10.2021 and as per the status

report an MLC was conducted in Babasaheb Ambedkar hospital vide MLC

No. 1895/21 and 1896/21, wherein the nature of injuries were opined ‘Nil’

on both MLCs by the Medical Officer.

4.

In the statement u/s 164 Cr.P.C, the complainant corroborated her

main statement. It is further stated in the status report that all the petitioners

were released on police bail after interrogation. The clothing which is

alleged to be torn by petitioner No. 1 was taken in possession by the police

through Seizure memo.

5.

When the matter came up before this Court on 11.05.2022, it was

directed that respondent No. 2 be informed by the I.O. regarding the matter

today and ask for her presence in Court today.

6.

The I.O. S.I. Monika Singh has filed a status report in Court today

which taken on record. As per the status report, respondent No. 2 was duly

informed about the date of hearing and notice of hearing was sent to her on

her mobile No. 9891155644. Despite the same, there is no presence on

behalf of respondent No. 2.

7.

I have heard Mr. Siddharth Tyagi, learned counsel for the petitioners

and have gone through the documents.

8.

In the present case, admittedly, the complainant is a tenant of the

petitioners. She has not paid a single penny towards rent, which was of Rs.

7,000/- per month from December, 2019.

9.

A decree of eviction has already been passed by a competent Court,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001964

W.P.(CRL) 1227/2021

Page 3 of 4

wherein besides the order of eviction, a monetary decree towards arrears of

rent and damages for unauthorized use and occupation has been passed to

the tune of Rs. 2,33,000/-. The petitioners have also filed an execution

petition which is pending. In addition, the status report shows that there is no

injury which has been suffered by respondent No. 2.

10.

From the facts narrated, I am of the view that this is a case which is

purely in the nature of extortion and black mailing. The complainant being a

tenant of the petitioners has not paid a single penny towards rent for more

than 2.5 years and by filing the FIR is seeking to black mail and arm twist

the petitioners.

11.

A coordinate bench of this Court in ‘Laishram Premila Devi vs. The

State and Ors’ in CRL.M.C. 533/2021 and CRL.M.C. 534/2021 dated

23.02.2021 held that:

“7. Unfortunately, it is now becoming a trend to register

12.

I am of the view that this is also a case where resort has been made to

criminal proceedings only to black mail and arm twist the petitioner so that

respondent No. 2/complain