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High Court of DelhiCRL.M.C./1768/2020

Gulshan Arora v. State Of NCT Of Delhi & ANR.

2020-09-16Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1768/2020 GULSHAN ARORA ..... Petitioner Through Mr.Vivek Sood, Sr. Adv.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through Mr.Hirein Sharma, APP for State.

Ms.Tara Ganju, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 16.09.2020 The hearing has been conducted through video conferencing. Crl. M.A. 12785/2020 in Crl.M.C.1768/2020 1.

Vide the present application, the petitioner prays as under: i.

Take on record the order dated 20.08.2009;

ii.

Direct the Trial Court, learned MM (N.I.-03), Patiala House Courts, Delhi to consider the aforesaid order dated 20.08.2009 passed in CC No.2152/1/08, PS Prashant Vihar, Delhi while deciding the case bearing complaint No.54753/2016 titled as Gulshan Arora vs. Alka Kaushal;

iii. Direct the Trial Court to wait till the filing of certified copy of the aforesaid order dated 20.08.2009 passed in CC No.2152/1/08 PS Prashant Vihar, Delhi;

iv. Call for the entire records of CC No.2152/1/08 PS Prashant CRL.M.C. 1768/2020

Vihar, Delhi decided by then learned MM, Shri Vishal Singh dated 20.08.2009;

v.

Direct the Trial Court to defer the judgment in Complaint No.54753/2016 titled as Gulshan Arora vs. Alka Kaushal till the disposal of the present petition;

vi. Direct the Trial Court to hear the arguments of both the parties on the order and compromise arrived before the court in CC No.2152/1/08 decided by then MM, Delhi on 20.08.2009. 2.

After hearing learned counsel for the parties at length, I hereby allow prayer clause (2), as sought in the present application, only to the extent if the judgment in CC No. 54753/2016 has not been pronounced yet. Accordingly, I hereby direct that the Trial Court while pronouncing the judgment, if not already pronounced, shall take into consideration the order dated 20.08.2009 passed in CC No.2152/1/08 passed by learned MM. 3.

The application is disposed of.

4.

Copy of the order be transmitted to Trial Court for information and necessary compliance.

Crl.M.C.1768/2020 5.

In view of the order passed in the Crl.M.A. 12785/2020, the petition is disposed of.

6.

The date already fixed i.e. 17.09.2020 stands cancelled. 7.

The order be uploaded on the website forthwith. SURESH KUMAR KAIT, J SEPTEMBER 16, 2020/ab CRL.M.C. 1768/2020