Free Judgments

Anil Kumar & Ors. vs State & Anr. on 28 July, 2015

CRL.M.C. No.1222/2011

1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners have sought setting aside of
the impugned order dated 22.05.2010 passed in Complaint Case
No.854/T, titled ‘Ashwani Kumar Vs. Anil Kumar & Ors.’, falls
under jurisdiction of Police Station Subji Mandi, New Delhi.
2. Further sought directions thereby quashing of the complaint
case noted above pending before the Trial Court.
3. Briefly stated, respondent No. 2 is the brother of the
petitioner No.1 and petitioner No.2 is son of petitioner No. 1. The
present petition has been filed by stating that the respondent No.2
had filed a criminal complaint under Sections 323/341/506 of the
Indian Penal Code, 1860 (for short ‘IPC’) against the petitioners,
that earlier the respondent No.2 had filed a criminal complaint
bearing CC No.382/3 (94/1) under Sections 323/341/427/452/506
read with Section 34 IPC against the petitioners and the daughter of
petitioner No.1, which is pending before the learned Metropolitan
Magistrate. The respondent No.2/complainant alleged that on
01.10.2007 and thereafter on 03.10.2007 when the respondent No.2
came to attend the case in the court of Sh. Vinay Singhal,
Metropolitan Magistrate, Delhi, the petitioners had extended
threats, petitioner No.2 hit the respondent No.2 on the backside of
his neck and the petitioner No.1 gave a punch in his stomach.

Source: Indian Kanoon