KAMAL GUPTA AND OTHERS Vs. SMT. ASHA SHARMA

JUDGEMENT

(1.) - All the three petitions, titled-above, moved under Sec. 482 of the Code of Criminal Procedure, are being taken up for adjudication, being clutched together, as all those pertain to a quarrel between the next-door neighbours and it appears that these are intermingled with each other, though arising out of two different complaint cases but between the same parties who are nurturing their differences almost for a decade.

(2.) The dispute erupted when Mr. Kamal Gupta strived to dismantle the projection raised by Mr. Narendra Sharma to erect his own wall. The heated exchange and altercations grew up, inasmuch as, the same led both the parties to move to the police station in order to lodge the first information reports against each other but the police recorded only the Non-Cognisable Reports and did not take any action. So, the Complaint Case No.2623 of 2006 was filed by Smt. Asha Sharma against Mr. Kamal Gupta and his family members, narrating two incidents of dated 26.9.2006 at 7 PM and another being 29.9.2006 at 5:45 PM, based upon the medical reports, more prominently, showing injury report on the head of Smt. Asha Sharma, indicating a lacerated wound measuring 1.5 cm x 0.25 cm. The cognizance was taken by the Magistrate concerned on 10.7.2007 for the offences of Sec. 324, 504 and 427 Penal Code and vide order dated 5.7.2013, Charge under the aforesaid Sections was framed by the Trial Court. Revision filed there-against was also dismissed by the Additional Sessions Judge, Dehradun. Then, Mr. Kamal Gupta filed the C482 Petition No. 1475/2014, titled above, wherein the order was passed by a co-ordinate Bench of this Court directing that if the application for adjournment is moved by the applicants before the Trial Court, the same shall favourably be considered. The said order is persisting till now.

(3.) Although, another case initiated at the instance of Mr. Kamal Gupta for the offence of Sec. 500 Penal Code was compounded between the parties, probably with the hope that Smt. Asha Sharma will 'not press' her complaint case, but when she came to know that Mr. Kamal Gupta has also launched another complaint case on 12.7.2007 showing occurrence of same incident of 2.4.2007 at 8:30 PM, wherein, Smt. Asha Sharma along with her family members as well as one of her witnesses Sushil Kumar, were made the accused, then she retracted from the same, with the result, she did not make the endorsement of 'not pressed' in her ongoing complaint case.