TRIPAT CHAUDHARY Vs. ARUNDHATI SAPRU MEHRA & ANR.

JUDGEMENT

(1.) Arundhati Sapru Mehra, first respondent in Crl. M.C 1223/2015 and the second respondent in Crl. M.C. 947/2016 was married to Yash Mehra (petitioner in Crl. M.C. 947/2016) on 12.07.2001. She (hereinafter, referred to as "the complainant") had lodged a criminal complaint case (CC no.19496/2008 new no.6/2/15) on 17.03.2008 in the court of the Additional Chief Metropolitan Magistrate, New Delhi alleging offences punishable under Sections 315, 328, 329, 406, 420, 498A, 506 read with Section 120 B and 34 of Indian Penal Code, 1860 (IPC) impleading Yash Mehra (hereinafter referred to as "the first accused"), Ashok Khurana ("second accused"), Dr. Tripat Chaudhary, petitioner in Crl. M.C. 1223/2015 ("third accused") and Dr. Raj Kumar Saxena ("fourth accused"). On the said criminal case, the Metropolitan Magistrate held preliminary inquiry in the course of which the complainant examined herself (as CW-1), also examining D.R. Tiwari, Medical Record Officer of Kailash Hospital, Noida (CW-2) and B.K. Pandey, Sr. Executive Medical Records, Sitaram Bharatiya Institute of Science and Research (also CW-2). The Magistrate, by order dated 03.11.2014, declined to issue any process against the second accused. She, however, found sufficient grounds to proceed against the first accused (petitioner Yash Mehra) for offences under Sections 498A, 315, 328, 420, 406, 506, 120B IPC. She also found sufficient grounds to proceed against the third accused (petitioner Dr. Tripat Chaudhary) for offences under Sections 315, 120B IPC. It may be added that summoning order was also issued against the fourth accused for offences under Sections 506 and 120B IPC.

(2.) The first and third accused, as aforesaid, feeling aggrieved by the aforementioned order, have come up to this court by the petitions at hand invoking the inherent power and jurisdiction of this court under Section 482 Cr. PC to seek the said order issuing process against them to be quashed and vacated.

(3.) The complainant had initially appeared in these proceedings with a counsel representing her. On 19.07.2018, she informed the court that she did not want the services of any counsel. All sides have been heard at length and the record has been perused.