SMT ASHA GUPTA vs SMT NEHA GUPTA & ANR.

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:1st August, 2025 + CRL.M.C. 5157/2025 & CRL.M.A. 22324/2025 (stay) SMT. ASHA GUPTA .....Petitioner Through: Counsel for Petitioner (appearance not given) versus 1. SMT NEHA GUPTA W/o Sh. Arun Gupta .....Respondent No.1 2. SH. ARUN GUPTA S/o Sh. Jai Prakash ...Respondent No.2 Through: None CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. Criminal Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) read with Article 227 of the Constitution of India, has been filed on behalf of the Petitioner, Smt. Asha Gupta for quashing of the Judgment dated 06.03.2025 in Crl. Revision vide which the learned ASJ-07, Patiala House Court, has upheld the Order of learned Metropolitan Magistrate dated 06.11.2023 whereby the Application under Section 156(3) Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’), has been dismissed. 2. Briefly stated, the Petitioner/Complainant, Smt. Asha Gupta had filed Signature Not Verified CRL.M.C. 5157/2025 Page 1 of 7 Signed By:RITA SHARMA Signing Date:06.08.2025 18:35:59 a Complaint under Section 200 Cr.P.C. read with Section 156(3) Cr.P.C. wherein it was stated that Smt. Neha Gupta, Accused No. 1 and her husband, Mr. Arun Gupta/Respondent No. 2 belonged to the same ancestral family as the Complainant. The Complainant had knowledge that Mr. Arun Gupta had been dealing in property business including purchase of old construction and thereafter, erecting new construction in selling the same. In the month of November, 2015, Respondent No.2/Accused Mr. Arun Gupta approached the Complainant, to sell one shop (L-Type) on the ground floor without terrace rights, in build-up property No.WZ-515,