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High Court of DelhiW.P.(CRL)/1029/2019

Ashok Kumar Sharma & ORS. v. State & ANR.

2025-02-04Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1029/2019, CRL.M.A. 7607/2019 (stay) ASHOK KUMAR SHARMA & ORS.

.....Petitioners Through:

Mr. Lave Kumar Sharma and Ms.

Deepshikha, Advocates.

versus STATE & ANR.

.....Respondents Through:

Mr. Yasir Rauf Ansari, ASC (Crl.) with Mr.Alok Sharma and Mr. Varun Agarwal, Advocates for the State with SI Neeraj, PS Kotwali.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 04.02.2025 W.P.(CRL) 1029/2019 1.

The Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed on behalf of the Petitioners seeking quashing of FIR No. 736/2014 under Section 380/448/457/341/506 read with Section 34 of the Indian Penal Code, 1860 registered at Police Station Kotwali. 2.

It has been contended that the dispute inter se the Complainant and the Accused, were essentially civil in nature. Furthermore, the FIR is of 2014 but since more than five years have lapsed and no Charge-Sheet has been filed. It is being dragged merely for unnecessary harassment of the 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 10/02/2025 at 15:18:42

accused, who has been roped in the false Complaint. Therefore, the quashing of the FIR has been sought.

3.

Learned ASC on behalf of the State has submitted that the ChargeSheet has got filed in the Court on 01.01.2020, though the Charges have not been framed till date.

4.

Considering that the Charge-Sheet has already been filed, the Petition is disposed of with liberty to the Petitioner, to take up the defences before the learned Trial Court. Considering that it is an FIR of 2014, the learned Trial Court is hereby directed to conclude the trial expeditiously preferably within one year.

5.

The Petition is disposed of accordingly. Pending Application, if any, also stands disposed of.

NEENA BANSAL KRISHNA, J FEBRUARY 4, 2025/RS 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 10/02/2025 at 15:18:42