ANIL KHURANA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed against the order dtd. 24/5/2024 (hereafter 'impugned order') passed by the learned Additional Sessions Judge ('ASJ'), Saket Courts, Delhi in Criminal Revision No. 143/2023.

(2.) By the impugned order, the learned ASJ set aside the order dtd. 25/11/2022 whereby the learned Magistrate while noting that prima facie there existed sufficient grounds to proceed for the offence under Sec. 500 of the Indian Penal Code, 1860 ('IPC') had summoned Respondent No. 2.

(3.) Concisely put, the petitioner and Respondent No. 2 are stated to be brothers and the petitioner, stated to be a citizen of USA, used to reside on the ground floor of H. No. 10/21, East Patel Nagar, Delhi whenever he visited India for holidays. On 5/7/2007, FIR No. 388/2007 was registered at Police Station Patel Nagar for offences under Ss. 341/323 of the IPC against the petitioner on a complaint given by Respondent No. 2 whereby it was alleged that the petitioner physically assaulted Respondent No. 2 over a dispute pertaining to the staircase in the house. It was further alleged that the petitioner gave multiple blows and kicks to Respondent No. 2 thereby causing him injuries. Meanwhile a settlement was purportedly executed between the parties alongwith an affidavit by Respondent No. 2 and thereafter the petitioner filed a quashing petition before this Court vide CRL. M.C. 3962/2008. Respondent No. 2 was also impleaded in the said petition.