Tekchand Sharma v. State (Govt Of NCT Of Delhi) & ORS
27# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEKCHAND SHARMA ..... Petitioner Represented by:
Petitioner in person.
versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Represented by:
Ms. Nandita Rao, Additional Standing Counsel for State with SI Pramodh Kumar, PS Shakarpur.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 06.09.2018 1.
By this petition, petitioner prays quashing of FIR No.70/2015 under Sections 354/509/506/452/323/34 IPC registered at PS Shakarpur, Delhi. 2.
On 8th January, 2015 a complaint was received from respondent No.5 on which FIR No.70/2015 under Sections 354/509/506/452/323/34 IPC registered at PS Shakarpur, Delhi wherein it was alleged that on 2nd January, 2015 at 9.30 PM while she was in her house with her daughter, she heard someone knocking the door. When she opened the door the petitioner herein along with two unknown persons entered the house forcibly. When the complainant asked them to go out of the house, the two person caught hold of her and petitioner started touching her private parts. When she objected to the same, the petitioner beat her. On hearing the noise her daughter and other people from the locality reached there. In her statement under Section
164 Cr.P.C. the respondent No.5 reiterated the allegations against the petitioner.
3.
Also on the complaint of wife of the petitioner on 3rd January, 2015 FIR No.67/2015 under Sections 509/354/506/34 IPC was registered wherein she alleged that on 3rd January, 2015 at about 10.15 PM when she peeped out from the terrace of her house to see the Sai Sandhya, respondent No.6, husband of respondent No.5 was making gestures towards her using abusing language. Further he caught hold of her and touched her inappropriately. When her husband and children came out to save her, the son and wife of respondent No.6 abused her husband.
4.
After investigation charge sheet has been filed in both the FIRs. The main ground on which the petitioner seeks quashing of FIR No.70/2015 as noted above is that the said FIR is a counter blast to FIR No.67/2015 registered on the complaint of his wife.
5.
Whether the FIR No.70/2015 is mala fide or not or registered as counterblast to FIR No.67/2015 cannot be made out on the face of the allegations and will have to be appreciated after the parties lead their respective evidence.
6.
Faced with this situation petitioner who appears in person states that since the pendency of the trial will adversely affect his career the trial be directed to be conducted expeditiously.
7.
It is thus directed that the trials in case FIR Nos. 67/2015 and 70/2015 registered at PS Shakarpur be expedited and the learned Metropolitan Magistrate will try to conclude the same as expeditiously as possible preferably within eight months from the next date of hearing before the
learned Trial Court which is 30th October, 2018. 8.
Petition is disposed of with the directions as noted above. 9.
Copy of the order be communicated to the learned Trial Court. MUKTA GUPTA, J.
SEPTEMBER 06, 2018 'vn'