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Sahil Kaushik vs Shelpan Lohia @ Shelpan Kaushik on 7 January, 2025

Author: B.R. Gavai

Bench: B.R. Gavai

                                                      1



                                 IN THE SUPREME COURT OF INDIA
                              CIVIL/CRIMINAL ORIGINAL JURISDICTION


                         MISCELLANEOUS APPLICATION NO. 2214 OF 2024

                                                  IN

                          TRANSFER PETITION (CRL.) NO. 1713 OF 2023

                                                 WITH

                          TRANSFER PETITION (CRL.) NO. 860 OF 2023

                                                  AND

                           TRANSFER PETITION (C) NO. 2732 OF 2023



                 SAHIL KAUSHIK(s)                                      Applicant

                                                 VERSUS


                  SHELPAN LOHIA @ SHELPAN KAUSHIK                         Respondent(s)


                                             O R D E R

1. By way of present miscellaneous application, the applicant is seeking to quash Case No. 128 of 2023 titled as “State of H.P. Vs. Sahil Kaushik & Ors.”.

2. Digitally signed by DEEPAK SINGH Date: 2025.01.10

It is submitted that when the order was 15:31:47 IST Reason:

passed by this court on 14.10.2024 in I.A. No. 219205 of 2024, the petitioner inadvertently did  2 not mention FIR No. 3 of 2023 for the offence punishable under Sections 498A, 323 and 34 of the Indian Penal Code and as such, it could not be mentioned in the order.

3. This application is vehemently opposed by the learned counsel appearing for the wife. He submits that there are serious allegation(s) made against the applicant and, therefore, this Court should not quash and set aside the said proceeding.

4. The very purpose of the order dated 14.10.2024 was to give an end to all disputes between the parties, as it was found that the relationship between them is irretrievably broken.

5. The Court had also quashed certain proceedings which were mentioned in the application, however, on account of the lawyer’s mistake, the proceedings being Case No. 128 of 2023 could not be mentioned in the said order.

6. The parties should not be made to suffer due to the lapses of the lawyer.

7. In that view of the matter, we are inclined to allow this miscellaneous application in terms of prayer clause (i).

….........................J (B.R. GAVAI) ...........................J (AUGUSTINE GEORGE MASIH) New Delhi January 07, 2025  4 ITEM NO.1 COURT NO.2 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Miscellaneous Application No. 2214/2024 in T.P.(C) No. 1713/2023 [Arising out of impugned final judgment and order dated 14-10-2024 in T.P.(C) No. 1713/2023 passed by the Supreme Court of India] SAHIL KAUSHIK Petitioner(s) VERSUS SHELPAN LOHIA @ SHELPAN KAUSHIK Respondent(s) (IA No. 240859/2024 - APPROPRIATE ORDERS/DIRECTIONS) Date : 07-01-2025 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Gaurav Jain , AOR Mr. Arvind Kumar Sharma, Sr. Adv. For Respondent(s) Mr. Pradeep Chandel, Adv.

Ms. Manju Jetley, AOR UPON hearing the counsel the Court made the following O R D E R The miscellaneous application is allowed in terms of the signed order.

(DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]