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High Court of DelhiCRL.M.C./2513/2023

Sh Yogesh & ANR. v. Sh Sanjay Kumar & ORS.

2024-09-23Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2513/2023 SH YOGESH & ANR.

.....Petitioners Through:

Mr.

Amit Kumar, Advocate alongwith petitioners.

versus SH SANJAY KUMAR & ORS.

.....Respondents Through:

Mr. Kartickay Mathur, Mr. Devender Dubey and Mr. Shankar, Advocates for respondent Nos. 1 to 4.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 23.09.2024

O R D E R

1.

By way of present petition, the petitioners seek the following prayer: - "a) issue the direction to the Ld. Special Judge/Addl. Sessions Judge-2, North District, Rohini Courts, Delhi to reopen the complaint case No.1/2017 to its original number and proceed the same according to law;"

2.

Learned counsel for the petitioners contends that there are cross cases pending between the parties. He further submits that the cross case, preferred by the petitioners, was permitted to be withdrawn on the verbal assurance of the respondents to withdraw their FIR. In support of his contention, reference is made to the application for withdrawal of complaint as well as the order dated 08.12.2021 passed by Ld. Sessions Judge-02 (North), Rohini, Delhi, where the petitioners have withdrawn their complaint against the respondents.

3.

Learned counsel for the respondent Nos. 1 to 4 submits that there was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 11:31:33

no such understanding ever and the petitioners have relied upon the draft settlement.

4.

At this stage, learned counsel for the petitioners submits that petitioners seek to revive their complaint.

5.

Be that as it may, considering the aforesaid contentions of the parties, petitioners shall be at liberty to seek their remedy which may be considered in accordance with law.

6.

Petition is disposed of in the above terms.

MANOJ KUMAR OHRI, J SEPTEMBER 23, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 11:31:33