MAHTAB SINGH Vs. G P SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (Crpc) seeking the quashing of the complaint filed by the Respondent No. 1 against the Petitioners on 24th February 1993 under Sections 452/325/342/506/34 ipc before the learned Metropolitan Magistrate, Delhi ( MM ) and all consequential proceedings thereto.

(2.) RESPONDENT No. 1 Shri G. P. Singh is the youngest son of his parents i. e. Petitioner Nos. 1 and 3 Shri Mahtab Singh and Mrs. Raminder Kaur respectively. Petitioner No. 2 Shri R. P. Singh is his elder brother and Petitioner No. 4 Mrs. Tripatjeet Kaur is the wife of Shri R. P. Singh.

(3.) ACCORDING to the complaint, Shri G. P. Singh demanded his share of his father s properties at East of Kailash and Nizamuddin East, New Delhi and when refused, filed a suit for partition in this Court. It is stated that a stay order in the said suit was passed by this Court on 7th February 1993. On 9th February, 1993, when the complainant Sri G. P. Singh served a copy of the stay order upon the petitioners, they started abusing him. They are alleged to have caused damage to certain moveables and threatened the complainant that he and his family would be thrown out with the help of the police. According to the complainant, one Shri vijay Chopra, an acquaintance of the complainant Shri G. P. Singh, was witness to the incident of 9th February, 1993. Sri Chopra is then stated to have suggested that the matter should be settled in the presence of learned counsel for the parties.