ABHISHEK GUPTA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petition has been filed under Sec. 482 of the Cr.P.C. praying for the quashing of charge-sheet dtd. 4/12/2021 emanating from FIR No.214/2021 dtd. 30/10/2021 registered with the Crime Branch, Rohini, Sector 18, Delhi and all proceedings emanating therefrom. The FIR No.214/2021 was registered with the Crime Branch, Rohini on the basis of a complaint that was lodged with them on 19/10/2020 by the respondent No.2 by way of an email addressed to the Commissioner of Police, Delhi.

(2.) Mr. Tanmay Mehta, learned counsel for the petitioner submitted that the entire case was a product of mala fide, falsehood and absurdity and this was a case of sheer abuse of the criminal process. It was his contention that the case was covered by the judgment of the Supreme Court in State of Haryana and Ors. Vs. Bhajan Lal 1992 Suppl. (1) SCC 335 and this Court ought to quash the charge-sheet in accordance with the guidelines incorporated in Para No.102 of the said judgment. It was further submitted that the entire FIR and the charge-sheet dtd. 4/12/2021 was so absurd and inherently improbable that it was liable to be quashed.

(3.) The first contention raised by the learned counsel was that property bearing No.17/43, Punjabi Bagh, Delhi belonged to Mr. Sunil Datt and Mr. Ashok Kumar, whereas the complainant who had been divorced by Mr. Sunil Datt way back in 2000 was claiming a right to the ground floor. She could produce no document to reflect that she had been in possession of the ground floor for the last two years. Moreover, after the husband and wife had divorced, it could not be reasonably believed that 17 years later the respondent No.2 would have been given the keys of the ground floor by the ex-husband. It was submitted that Smt. Janak Dulari, the aunt of Mr. Sunil Datt and Mr. Ashok Kumar, who are brothers, is living in the first floor of the same property and there were some disputes inter se parties. The learned counsel contended that the petitioners have been unnecessarily dragged into these disputes.