Neutral Citation Number: 2022/DHC/005065

Page 1 of 4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: November 10, 2022

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W.P.(CRL) 2616/2022 & CRL.M.A. 22890/2022 (Exemption)

RAJEEV RAWAT

..... Petitioner

Through:

Mr. Varun Deswal and Ms. Punya

Rekha Angara, Advocates.

versus

STATE NCT OF DELHI

..... Respondent

Through:

Mr.

Sanjeev

Bhandari,

ASC

alongwith

Mr.

Kunal

Mittal,

Advocate with InspYashpal Singh,

P.S. EOW.

Ms. Mallika Parmar, Advocate for R-

2.

CORAM:

HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

J U D G M E N T (oral)

1.

The present petition is filed under Article 226 of Constitution of India

read with section 482 Cr.P.C. for quashing of FIR bearing no. 57/2022

registered under sections 420/468/471 IPC at P.S. EOW alongwith

consequential proceedings.

2.

Issue notice.

3.

Mr. Sanjeev Bhandari, Additional Standing Counsel assisted by

Investigating Officer, Insp Yashpal Singh, P.S. EOW accepts notice on

behalf of the respondent no.1/State. Ms. Mallika Parmar, Advocate accepts

notice on behalf of respondent no. 2.

4.

The respondent no. 2 filed a complaint under section 200 Cr. P.C. for

initiating criminal proceedings for offences punishable under section

420/465/467/468/471/120B IPC against the accused as named in the

Digitally Signed

By:JITENDRA

Signing Date:23.11.2022

17:05:47

Signature Not Verified

Neutral Citation Number: 2022/DHC/005065

Page 2 of 4

complaint and on the basis of the complaint, cognizance was taken vide

order dated 17.01.2018 passed by the Court of Shri Insan, Judicial

Magistrate, First Class, Ludhiana against Manju Srivastava and Anr. and

Payal Thakur. Thereafter, the summoned accused Manju Srivastava and

Payal Thakur filed a CRM-M-8059-2018(O&M) titled as Manju Srivastava

and Anr. and Harbax Singh Grewal before the High Court of Punjab and

Haryana at Chandigarh and vide order dated 29.01.2019, the Learned Single

Judge of the Punjab and Haryana High Court at Chandigarh quashed the

complaint bearing no. 128/2017 dated 04.03.2017 titled as Harbax Singh

Grewal V Manju Srivastava and Others alongwith summoning order dated

17.01.2018, passed by Court of Judicial Magistrate First Class, Ludhiana.

The Learned Single Judge also observed that the said complaint was

nothing, but misuse of process of law. Primarily, the said complaint and the

summoning order were quashed on the basis of lack of territorial jurisdiction

at Ludhiana Court. Thereafter, the respondent no. 2 filed a complaint under

section 190 read with section 156(3) Cr.P.C for registration of FIR titled as

Harbax Singh Grewal and Another V Sarabjit Kaur Gill and Another bearing

no. 6679/2019 wherein the petitioner was also implicated as respondent no.

5. The Court of Dev Saroha, M.M. Patiala House Court, New Delhi vide

order dated 08.04.2022 directed the concerned SHO to register a case as per

the mandate of Section 156(3) Cr.P.C. Thereafter, the present FIR bearing

no. 57/2022 registered under sections 420/468/471/34 IPC at P.S. EOW was

got registered.

5.

The counsel appearing on behalf of the petitioner argued that the

present FIR bearing no. 57/2022 is liable to be quashed on the basis of

observations made by the Learned Single Judge of the Punjab and Haryana

Digitally Signed

By:JITENDRA

Signing Date:23.11.2022

17:05:47

Signature Not Verified

Neutral Citation Number: 2022/DHC/005065

Page 3 of 4

High Court vide order dated 29.01.2019 wherein, it was mentioned that the

present case is nothing but misuse of process of law. The counsel for the

petitioner prayed for quashing of the present FIR and further argued that he

was not named in the criminal proceedings initiated before the Ludhiana

High Court.

6.

The Additional Standing Counsel appearing on behalf of the

respondent no. 1/State assisted by the counsel for respondent no. 2 stated

that the investigation is still at an initial stage and the proposed

incriminating material has to