DHEERAJ KOCHHAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 assailing the order dated 24.01.2006 passed by the learned Metropolitan Magistrate in a case arising out of FIR No. 8/2003, Police Station Hauz Khas whereby charges for the offences under Sections 323/341/506/34 of Indian Penal Code ("IPC" in brief) were ordered to be framed against the petitioners and two others.

(2.) The case set out by the prosecution is that one Ms. Rajni Sharma resident of 40/1-3, Yusuf Sarai, New Delhi lodged a complaint with the Haus Khas Police station that everyday car stereos were being played on high volume outside her house as these were shops of car accessories and she had been making complaints about it to the police but of no avail. On 05.01.2003 also when a car stereo was being played at the shop by the name of Arun Car D'cor on full volume she went down to ask him to reduce the volume he (name not mentioned in the FIR) started fighting with her and abused her. Thereafter, it has been alleged by the complainant in her complaint dated 05.01.2003, when she saw the owner of Batra Car D'cor, Deepak, she asked him also to reduce the volume of the music on which his brother also started fighting and abusing her and also started beating her husband. She further alleged that Shamsher Singh of Kaveri Car Touch, petitioner no. 2, and his wife (who has not been charge-sheeted in view of the supplementary statement of the complainant that she had in fact not beaten her) also started beating her and that their fighting with her had become a daily affair and these people were threatening her with her life everyday.

(3.) On the basis of the said complaint FIR no. 8/2003 was registered at Hauz Khas police station on 6-1-03. On the same day four persons were arrested including the present two petitioners. After completion of the investigation the police filed a charge sheet in court against the two petitioners and two others, namely, Gagan Batra and Devender Singh. After hearing arguments from both sides the learned Metropolitan Magistrate ordered framing of charges under sections 341/323/506/34 IPC against the petitioners as well as their other two co-accused persons vide impugned order dated 24.01.2006.