HIGH COURT OF DELHI
BHAGWAN DAS VASUDEVA & ORS – Appellant
Versus
THE STATE (NCT OF DELHI) – Respondent
CRL.M.C.-2657/2019
CRL.M.C. 2657/2019
Page 1 of 14
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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
Page 2 of 14
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