CRL.M.C. 2657/2019

Page 1 of 14

$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: July 13, 2022

Decided on: July 22, 2022

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CRL.M.C. 2657/2019 & CRL.M.A. 2677/2020

BHAGWAN DAS VASUDEVA & ORS.

..... Petitioners

Through: Mr. Kailash Vasdev, Senior

Advocate, Mr. Umrao Singh

Rawat, Advocate along with

Ms. Nayantara & Ms. Manya

Jha, Advocates.

V

THE STATE (NCT OF DELHI)

..... Respondent

Through: Mr. Ashok Kumar Garg, APP

for State SI Neeraj Sharma,

P.S-Vikaspuri.

%

CORAM:

HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

JUDGMENT

1.

The present petition is filed under section 482 of the Code of

Criminal Procedure, 1973 (hereinafter referred to as “the Code”) for

quashing of FIR bearing no.194/2015 registered under sections

341/323/34 of the Indian Penal Code, 1860 (hereinafter referred to as

“IPC”) at P.S. Vikas Puri, New Delhi with all consequential

proceedings including impugned judgment dated 24.09.2018 passed

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002737

CRL.M.C. 2657/2019

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by the Court of Ms. Smita Garg, Additional Sessions Judge, West,

Fast Track Court, Tis Hazari Courts, Delhi in Criminal Revision

no.485/2017 titled as Bhagwan Dass Vasudeva & Ors. V. State

(NCT of Delhi).

2.

The respondent no 2 was ordered to be impleaded vide order

dated 17.05.2017. The respondent no.2 stated to be expired and this

Court vide order dated 18.02.2020 directed the concerned

Investigating Officer to submit the names of the Legal Representatives

of the respondent no 2 and in pursuance of the order dated 18.02.2020,

Raghu Nath Singh Rathor, father and Renu Singh Rathor, Wife of the

complainant appeared before this Court on 11.03.2022.

3.

FIR bearing no. 194/2015 dated 23.02.2015 was got registered

under sections 341/323/34 IPC at P.S. Vikas Puri, Delhi on the basis

of the complaint made by the respondent no 2 pertaining to incident

happened on 22.02.2015 wherein the petitioners were implicated. The

charge sheet in pursuance of FIR bearing no 194/2015was filed after

completion of the investigation and the court of Metropolitan

MagistrateM-05 (West), Delhi (hereinafter referred to as “the trial

court”) vide order dated 17.05.2017 ordered for framing of the

charges for offences punishable under sections 323/341/34 IPC against

the petitioners. The petitioners being aggrieved by the order dated

17.05.2017 preferred Criminal Revision Petition bearing no.485/2017

titled as Bhagwan Dass Vasudev & Ors. V. The State (NCT of

Delhi) which was dismissed vide order dated 24.09.2018 (hereinafter

referred to as “the impugned order”) passed by the Court of Ms.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002737

CRL.M.C. 2657/2019

Page 3 of 14

Smita Garg, ASJ/FTC (e-Court), West, Tis Hazari Courts, Delhi

(hereinafter referred to as “the revisional court”).

4.

A cross FIR bearing no. 193/2015 dated 23.02.2015 was also

registered under sections 341/323 IPC at P.S. Vikas Puri on the basis

of complaint made by the petitioner no.1 wherein the respondent no.2

(since deceased) was implicated.

5.

The respondent no 2 in FIR bearing no 194/2015 alleged that

the petitioner no1 on 22.02.2015 has put up a ramp in front of the gate

of his house and at about 10:30 pm the respondent no 2 was abused

and slept by the petitioner no1 when he was talking with the petitioner

no.1 and when he was going back to his house then the petitioner

nos.2 and 3 who are the son and nephew of the petitioner no1, stopped

and picked up a quarrel with him. The petitioner no.2 also pushed

Renu Singh wife of the respondent when she came at the spot and as a

result of which she fell down and got injured. The respondent no 2

also stated these persons obstructed him as well as Renu Singh and

caused injuries to both of them. The respondent no 2 and Renu Singh

were medical