VINOD SHARMA AND ANOTHER Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Crl.M.A. 2484 of 2017

(2.) In the kalandara presented before the SEM pursuant to recording of DD No.65B on 22nd Oct., 2016 the facts stated are that various complaints are being received at PS Malviya Nagar from Mrs. Seema Sharma W/o Vinod Sharma and Shri Vinod Sharma S/o Late Laksmi Chand Sharma r/o B-27, 1st & 2nd Floor, Sarvodaya Enclave, New Delhi (First Party) and Mrs. Rajita Sharma w/o Neelmani Sharma and Neelmani Sharma S/o Late Shri Laksmi Chand Sharma r/o B-27, Ground Floor, Sarvodaya Enclave, New Delhi (Second Party). Enquiry about these complaints was conducted and it was revealed that both the parties are real brothers and are living with their spouses at different floors in the same house. There is dispute among them regarding their share in the house. The property in question was originally owned by Shri Lakshmi Chand Sharma, who had made a gift deed in respect of the said property in favour of his two sons namely Vinod Sharma and Neelmani Sharma in equal portion. First Party and her family are living at first floor and second floor of the house and their water and electricity meters are installed at ground floor. The first party has alleged that the second party is harassing them by cutting supply of water and electricity. Whereas second party alleges that her family is living at the ground floor of the house and allege that the first party had denied them the accesses to the terrace to check their water tank and TV antenna and put a lock on the terrace door in the staircase at Ground Floor. The dispute between both the parties is purely civil in nature. Both the parties are making allegations against each other and indulge in quarrels. Both the parties are adamant about their respective claims and reluctant to settle their disputes amicably. Both sides have expressed apprehensions as to their safety from the other side. The above acts of both the parties are creating tension and apprehension of breach of peace and disturbance of public tranquillity in the locality. Therefore, Kalandara under Sections 107/150 has been prepared and submitted with the request that both the parties mentioned above may be bound down with heavy amount for maintaining good behaviour in the area and for the sake of prevention of any cognisable offence being committed by them.

(3.) On the kalandara under Sections 107/150 Crimial P.C. the SEM issued notice against the petitioners on 26th Oct., 2016 and directed them to report on 8th Dec., 2016. Since process report was not received back, fresh notice was issued for 28th Dec., 2016. On 28th Dec., 2016, the petitioners were not present however were represented by counsel, who filed an application for exemption from personal appearance which was allowed and the matter was listed for 18th Jan., 2017. On 18th Jan., 2017, the petitioners appeared, copy of the kalandara was handed over and the matter was fixed for 13th Feb., 2017 for written reply with surety.