Delhi High Court - Orders
Satpal Singh vs Mother Dairy Fruit And Vegetable Pvt. ... on 17 August, 2022
Author: Talwant Singh
Bench: Talwant Singh
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 83/2022 & CRL.M.(BAIL) 336/2022, CRL.M.(BAIL)
337/2022, CRL.M.A. 5562/2022
SATPAL SINGH ..... Petitioner
Through: Ms. Priya Gaur, Adv.
versus
MOTHER DAIRY FRUIT AND VEGETABLE PVT. LTD. & ORS.
..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 17.08.2022
1. No time left.
2. Put up for orders on 14.09.2022.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1830/2022 NITIN MOHAN & ORS. ..... Petitioners Through: Mr. Lakshay Gangawat, Adv. along with petitioners.
versus THE STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr. Sanjay Lao, Standing counsel for State with ACP Vijay Singh, Sub Division Kotwali.
Mr. Avadh Kaushik, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022 Crl.M.A. 15795/2022
1. Allowed, subject to all just exceptions. W.P.(CRL) 1830/2022 & Crl.M.A. 15796/2022
2. This petition is filed under Article 226 of Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No. 0334/2022 under Sections 384/386/506/34 IPC registered at PS Wazirabad, District North Delhi and the proceedings emanating therefrom.
3. That the respondent no.2 herein wanted to build a house at 6A, 1-
Block extension, Police Colony, opposite to Burari Police Station, Sant Nagar, Burari, Delhi-110084 for the residential purposes and therefore, he W.P.(CRL) 1830/2022 page 1 of 3 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 contacted the petitioner no.1, who agreed to construct the house of respondent no.2 within a period of 15 months against total cost of Rs. 95 lakhs and accordingly, construction work of building commenced on 15.06.2019 which was supposed to be completed by 15.09.2020. After commencement of work, a written Agreement dated 24.10.2019 was executed between the petitioner no.1 and respondent no.2 containing the terms and conditions of the contracted work.
4. That subsequently, serious disputes arose between the petitioner no.1 and respondent no. 2 on account of completion /non-completion of building within time stipulated and on account of payment against the work done which led to filing written complaints by respondent no.2 against the petitioners at police station Wazirabad, Delhi vide DD No. 84A dated 20.07.2021, DD No. 129A dated 05.08.2021 and DD No. 59A dated 17.11.2021.
5. That the petitioner no.1 also subsequently filed a cross-complaint bearing DD No. 52A dated 01.09.2021 against the respondent no.2 and his sons in police station Wazirabad, Delhi whereupon an FIR bearing no. 0280/2022 dated 22.03.2022 came to be registered against the respondent no.2 and his sons on the aforesaid complaint of the petitioner no.1 under Section 342/506 IPC & 3(1)(r)/3(1)(r)(s) SC/ST Act at police station Wazirabad, District North, Delhi on 22.03.2022. On 15.06.2022, a settlement has been arrived at between the parties which is annexed as Annexure P-3 filed along with the petition.
W.P.(CRL) 1830/2022 page 2 of 3 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12
6. The petitioners as well as the complainant/respondent No.2 are present and have been duly identified by the Investigating Officer. Complainant states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed against the petitioners. The learned Standing Counsel for the State also has no objection if this petition is allowed.
7. Considering the above settlement between the parties and that the chances of conviction of the petitioners are bleak, there is no use to continue with the proceedings of the present FIR as complainant has settled all the disputes and has received the settled amount from the petitioners.
8. Accordingly, the petition is allowed. Consequently FIR No. 0334/2022 under Sections 384/386/506/34 IPC and the proceedings emanating therefrom are quashed subject to deposit of cost of Rs. 30,000/- each by the petitioners with Lawyer Welfare Fund maintained by Tis Hazari Bar Association. Receipt of the cost be handed over to the IO within ten days. Pending application(s), if any, also stands disposed of.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any W.P.(CRL) 1830/2022 page 3 of 3 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1832/2022 RAJBIR SINGH & ORS. ..... Petitioners Through: Mr. Avadh Kaushik, Adv. with petitioners in person.
versus THE STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr. Sanjay Lao, Standing counsel for State.
Mr. Lakshay Gangawat, Adv. for R-2 with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022 Crl.M.A. 15798/2022
1. Allowed, subject to all just exceptions. W.P.(CRL) 1832/2022 & Crl.M.A. 15799/2022
2. This petition is filed under Article 226 of Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No. 0280/2022 under Sections 342/506 IPC and 3 (1) (r)/3(1) (s) SC/ST Act registered at PS Wazirabad, District North Delhi and the proceedings emanating therefrom.
3. Although the alleged offence in this case is under Section 342/506 IPC apart from this Section 3(1)(r)/ 3(1)(s) SC/ST Act was registered. But it appears that it is a private dispute between the parties and both the parties had grudges against each other.
W.P.(CRL) 1832/2022 page 1 of 4 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12
4. That the respondent no.1 is the state police with whom the FIR in question has been lodged and respondent no.2 is the complainant in the said FIR, whereas petitioners are the accused against whom the subject FIR was registered. The petitioner no.1 herein wanted to build a house at 6A, 1-Block extension, Police Colony, opposite to Burari Police Station, Sant Nagar, Burari, Delhi-110084 for the residential purposes and therefore, he contacted the respondent no.2, who is a builder, for the said purpose and after due negotiations, respondent no.2 agreed to construct the house of petitioner no.1 within a period of 15 months against total cost of Rs. 95 lakhs and accordingly, construction work of building commenced on 15.06.2019 which was supposed to be completed by 15.09.2020. After commencement of work, a written Agreement dated 24.10.2019 was executed between the petitioner no.1 and respondent no.2 containing the terms and conditions of the contracted work.
5. That subsequently, serious disputes arose between the petitioner no.1 and respondent no. 2 on account of completion /non-completion of building within time stipulated and on account of payment against the work done which led to filing written complaints by the petitioner no.1 against respondent no.2 and his companies at police station Wazirabad, Delhi vide DD No. 84A dated 20.07.2021, DD No. 129A dated 05.08.2021 and DD No. 59A dated 17.11.2021.
6. That the respondent no.2 also, subsequently filed a cross-complaint bearing DD No. 52A dated 01.09.2021 against the petitioners herein in police station Wazirabad, Delhi whereupon an FIR bearing no. 0280/2022 W.P.(CRL) 1832/2022 page 2 of 4 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 dated 22.03.2022 came to be registered against the petitioners and his sons on the aforesaid complaint of the respondent No.2 under Section 342/506 IPC & 3(1)(r)/ 3(1)(s) SC/ST Act at police station Wazirabad, District North, Delhi on 22.03.2022. On 15.06.2022, a settlement has been arrived at between the parties which is annexed as Annexure P-3 filed along with the petition.
7. It is submitted that the petitioner had no intention to insult respondent no.2 and keeping in view the fact that the matter has been settled between the parties, and both the sides wish to live in harmony and peace, it is a fit case for quashing of FIR in view of the settlement arrived at between the parties.
8. The petitioners as well as the complainant/respondent No.2 are present and have been duly identified by the Investigating Officer.
Complainant states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed against the petitioners. The learned Standing Counsel for the State also has no objection if this petition is allowed.
9. Considering the above settlement between the parties and that the chances of conviction of the petitioners are bleak, there is no use to continue with the proceedings of the present FIR as complainant has settled all the disputes and has received the settled amount from the petitioners.
10. Accordingly, the petition is allowed. Since the main accused in this case is petitioner no.1 so, subject to payment of cost of Rs. 30,000/- by petitioner no.1 with Lawyer Welfare Fund maintained by Tis Hazari Bar W.P.(CRL) 1832/2022 page 3 of 4 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 Association, FIR No. 0280/2022 under Sections 342/506 IPC and 3(1) (r)/ 3(1)(s) SC/ST Act registered at PS Wazirabad, District North Delhi and the proceedings emanating therefrom are quashed. Receipt of the cost be handed over to the IO within ten days. Pending application(s), if any, also stands disposed of.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any W.P.(CRL) 1832/2022 page 4 of 4 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 419/2021 & CRL.M.A. 19907/2021 POORAN CHAND ALIAS POONA & ORS. ..... Petitioners Through: None.
versus STATE ( GNCT) OF DELHI ..... Respondent Through: Mr. Yudhvir Singh Chauhan, APP for State with SI Manish, PS Sultanpuri. CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. No one is present for the petitioners despite pass over.
2. List this matter on 30.11.2022.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 64/2020 SHRI VINAY MITTAL ..... Petitioner Through: Mr. Arvind Kumar, Adv.
versus SHRI AMAN SACHDEVA ..... Respondent Through: Mr. Nitish Pande, Adv.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. Reply filed by the respondent is on record.
2. List this matter for hearing on 12.12.2022.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~28 & 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 119/2020 & CRL.M.A. 2087/2020 STEEL AUTHORITY OF INDIA LIMITED ..... Petitioner Through: Mr. H.S. Phoolka, Sr. Adv. with Mr. Alakh Kumar, Adv.
versus MR. G.K. LATA & ORS. ..... Respondents Through: Ms. Rupali Sharma, Adv.
+ CRL.L.P. 120/2020 & CRL.M.A. 2090/2020 STEEL AUTHORITY OF INDIA LIMITED ..... Petitioner Through: Mr. H.S. Phoolka, Sr. Adv. with Mr. Alakh Kumar, Adv.
versus MR. G.K. LATA & ORS. ..... Respondents Through: Ms. Rupali Sharma, Adv. CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. Even after granting last opportunity vide order dated 11.07.2022 to file response, no response has been filed.
2. Today, learned counsel for respondents seeks further two weeks to comply with the aforesaid order.
3. However, keeping in view the fact that another two weeks are sought, the said time is granted subject to payment of cost of Rs. 10,000/- in each case and receipt be placed on record along with response, if any, within two weeks from today.CRL.L.P. 119/2020 & conn. Page 1 of 2 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12
4. Rejoinder, if any, be filed before the next date of hearing.
5. List this matter on 19.09.2022.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any CRL.L.P. 119/2020 & conn. Page 2 of 2 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3555/2021 RIPUL SHARMA ..... Petitioner Through: Mr. Pawan Sharma & Mr. Nehal Kashyap, Advs.
versus
THE STATE ..... Respondent
Through: Mr. N.S. Bajwa, APP for State with
Mr. Pramod Saigal, Adv. along with W/SI Preety, PS BHD Nagar.
Mr. Hemant Singh, Adv. for victim. CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. Learned counsel appearing on behalf of the victim, who is appointed by Delhi High Court Legal Services Committee has sought a short accommodation.
2. At his request, list this matter on 20.09.2022.
3. Let a brief response on behalf of the victim be filed on record, without disclosing her name, within two weeks from today with an advance copy to learned counsel for the petitioner as well as to the State.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~15 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 420/2021 ANSHUL CHAWLA ..... Petitioner Through: Mr. Komal Vashisht, Mr. Ajit Sigh, Mr. Rahul Gautam, Mr. Jitendra & Ms. Saumya, Advs.
versus
STATE ..... Respondent
Through: Mr. N.S. Bajwa, APP for State with W/SI Soni Lal, PS Rajinder Nagar, Delhi.
Ms. Aekta Vats, Adv. for
complainant.
+ BAIL APPLN. 427/2021
SANJIV KUMAR CHAWLA ..... Petitioner
Through: Mr. Komal Vashisht, Mr. Ajit Sigh, Mr. Rahul Gautam, Mr. Jitendra & Ms. Saumya, Advs.
versus
STATE ..... Respondent
Through: Mr. N.S. Bajwa, APP for State with W/SI Soni Lal, PS Rajinder Nagar, Delhi.
Ms. Aekta Vats, Adv. for
complainant.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. Learned counsel for the complainant submits that mediation has failed.
2. List these matters for hearing on 22.11.2022.
BAIL APPLN. 420/2021 & conn. Page 1 of 2 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:123. Interim order to continue in the meantime.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any BAIL APPLN. 420/2021 & conn. Page 2 of 2 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~6 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 208/2022 VINEET SACHDEV ..... Petitioner Through: Appearance not given.
versus
STATE & ORS ..... Respondents
Through: .... SI Pravesh Kumar, PS GTB
Enclave.
Mr. M.P.S. Kasana, Adv. for R-2.
+ CRL.M.C. 249/2022MR. VINEET SACHDEV ..... Petitioner Through: Appearance not given.
versus
STATE & ORS ..... Respondents
Through: .... SI Pravesh Kumar, PS GTB
Enclave.
Mr. M.P.S. Kasana, Adv. for R-2. CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. An adjournment has been prayed on the ground that main counsel for the petitioner is not feeling well.
2. List on 12.01.2023.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1459/2022 & CRL.M.A. 6324/2022 NIYATEEY VIRENDRA SHAH ..... Petitioner Through: Mr. Rhythm B, Adv.
versus ACL MOBILE LIMITED ..... Respondent Through: Mr. Mohan Singh & Mr. A. Rohen Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. Learned counsel for the petitioner has submitted that he has complied with the last order although a bit late.
2. At his request, list this matter on 14.09.2022.
3. Interim order to continue till then.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 430/2022 DEEPAK @ FAUJI ..... Petitioner Through: Mr. L.N. Rao, Adv.
versus
THE STATE ..... Respondent
Through: Mr. N.S. Bajwa, APP for State with
Insp. Manender Singh, Special
Cell/SWR.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. Learned counsel for the petitioner, under instructions, submits that he wishes to withdraw the present bail application with liberty to take appropriate steps in accordance with law.
2. The present bail application is dismissed as withdrawn with liberty to take appropriate steps before appropriate forum as per law.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3779/2022 MR ASIM HAMID BANDAY & ORS. ..... Petitioners Through: Mr. Himanshu Garg, Adv. with petitioners.
versus STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Raj Kumar, APP for State with Insp. Deepak Sharma, PS New Friends Colony.
Mr. Adab Singh Kapoor & Ms. Ms. Shefali Menezes, Advs. for R-2. CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022 Crl.M.A. 15820/2022
1. Allowed, subject to all just exceptions.CRL.M.C. 3779/2022
2. This is a petition under Section 482 Cr.P.C. seeking quashing of impugned FIR No. 313/2021 dated 20.09.2021, under Sections 406/498A/34 Indian Penal Code, 1860, PS New Friends Colony, New Delhi and the consequent proceedings/investigation emanating therefrom.
3. It has been submitted by learned counsel for the petitioner that a quashing petition Crl.M.C.3787/2022 between the same parties was listed today in the Court of HMJ Purushaindra Kumar Kaurav.
CRL.M.C. 3779/2022 page 1 of 2 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12
4. In my view, both these petitions have to be heard by the same Court.
5. Let the matter be placed before Hon'ble the Chief Justice for appropriate directions on 05.09.2022.
TALWANT SINGH, J AUGUST 17, 2022 Click here to check corrigendum, if any CRL.M.C. 3779/2022 page 2 of 2 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 333/2021 BHUPENDER @ SUNNY ..... Appellant Through: Mr. Gaurav Sharma, Adv. (Standing Counsel - DHCLSC) versus STATE(GNCTD OF DELHI) ..... Respondent Through: ....SI Brij Mohan, PS Geeta Colony.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022 CRL.M.(BAIL) 1337/2021
1. An adjournment has been sought on behalf of the appellant.
2. List this matter on 02.12.2022.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 48/2015 STATE ( GOVT OF NCT OF DELHI) ..... Petitioner Through: Mr. N.S. Bajwa, APP for State.
versus SAROJ CHAUDHARY @ SURESH @ LAMBU @ VICKY & ANR ..... Respondents Through: Nemo.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. Let respondents be served.
2. The matter be placed before the Joint Registrar for completion of service on 06.10.2022.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12 $~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 378/2015 STATE ( GOVT OF NCT OF DELHI) ..... Petitioner Through: Mr. N.S. Bajwa, APP for State.
versus MADAN LAL & ANR ..... Respondents Through: Respondent no.1 in person.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH ORDER % 17.08.2022
1. Respondent no.1 is present in Court, who has submitted that he is unable to engage a counsel on his own.
2. Let a legal aid counsel be provided to him with a request to represent him.
3. Learned Member Secretary is requested to appoint a counsel to represent him before Court. The said advocate may take an e-copy of the petition as well as LCR from the Registry.
4. As far as respondent no.2 is concerned, it has been submitted that he was a PO even before the Trial Court.
5. Response, if any, be filed within 8 weeks with copy to the learned APP.
6. List this matter on 12.01.2023.
CRL.L.P. 378/2015 page 1 of 2 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12
7. A copy of this order be sent to learned Member Secretary, Delhi High Court Legal Services Committee for information and compliance.
TALWANT SINGH, J AUGUST 17, 2022/nk Click here to check corrigendum, if any CRL.L.P. 378/2015 page 2 of 2 Signature Not Verified Signed By:HARIOM Signing Date:25.08.2022 12:18:12