AASHEESH KUMAR PAANDEY vs STATE & ANR.

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 4th April, 2025 + W.P.(CRL) 2956/2022 AASHEESH KUMAR PAANDEY S/o M. K Pandey R/o Block-1, Villa No. 82 FF, Eros Garden, Charmwood Village, Surajkund Road, Faridabad Haryana-121009 .....Petitioner Through: Mr. B. Badrinath, Mr. P. R. Chattorji, Mr. Dhruv Bhardwaj, Advocates with Petitioner in person. versus 1. STATE Through S.H.O. Kalkaji, Police Station, New Delhi .....Respondent No.1. 2. Mrs. PUSHPA W/O Sh. Bishan Swaroop R/O 515, Chirag Delhi, New Delhi .....Respondent No.2. Through: Mr. Sanjay Lao, Standing Counsel for the State with SI Mahesh Kumar P.S. Kalkaji. Mr. Thakur Sumit and Mohd. Afaque, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:16.04.2025 W.P. (CRL) 2956/2022 Page 1 of 21 11:06:07 1. Writ Petition under Article 226 of the Constitution of India has been filed for quashing of FIR No.140/2021, under Sections 323/341/506/509/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”), dated 29.03.2021 at P.S. Kalkaji. 2. Petitioner, a practicing advocate by profession, has submitted that as per the Settlement between Thok Jogians and Brahmins in the offerings and tehbazari of Mandir Shree Kalkaji, 4 anna share out of one old rupee goes to Thok Jogians and rest goes to Thok Brahmins. However, various litigations in the Civil Courts were initiated for claiming the Bari Rights in Kalkaji Temple. 3. Sh. Mahender Kumar Pandey, father of Petitioner filed a Suit No.459/1984 for declaration and permanent injunction claiming that he may be declared as the only heir of Late Sh. Ram Swaroop and be declared entitled to 1/6th share of Late Sh. Ram Swaroop in addition to his own 1