MANMOHAN SHARMA Vs. STATE

JUDGEMENT

(1.) Vide the present petition, the petitioners seek directions thereby to quash the FIR No.576/2016 dated 02.12.2016, registered at P.S. Vasant Kunj North, Delhi for the offences punishable under Sections 323/ 341/354/354B/509/34 IPC and consequent proceedings emanating therefrom.

(2.) The case of the petitioners is that they are residents of Sector-A, Pocket-B and C, Vasant Kunj, New Delhi and respondent no.2 is the complainant in the FIR mentioned above, filed against the petitioners. As per the FIR, it is alleged that on 06.11.2016 at around 08:30 AM, the respondent-2 along with her staff went to supervise the distribution of magazines in Vasant Kunj. Her staff member, namely; Deepak Chand was stopped by the guard at the gate of Pocket A Sector B and C. Accordingly, she asked the guard as to why the staff was not being allowed to distribute the magazines. The guard in the meantime called some persons to the spot. Thereafter, her staff was manhandled by all the persons present there and they snatched his phone away and threw it on the ground. When she protested, she was also manhandled and assaulted by all the persons present there, including the petitioners.

(3.) Mr. Meet Malhotra, learned Senior Advocate appearing for the petitioners submits that without appreciating the background and the inherent improbable nature of the accusations, an FIR was registered and a chargesheet was filed subsequently for the offences punishable under Sections 323/341/354/354B/509/34 of IPC. The charge sheet does not even prima facie disclose the commission of cognizable offence. However, despite the same, Ld. Metropolitan Magistrate chose to take cognizance of the offences as detailed vide order dated 19.09.2018. Moreover, even if the contents of the charge sheet as well as the FIR are taken at face-value, they do not contain any direct allegations of cognizable offence which has been committed by them. FIR is completely false and motivated to silence the petitioners who have always been vocal about opposing the distribution of "Yellow Pages" in the colony by the respondent No.2 and/or her employees or agents.