GAURAV vs STATE NCT OF DELHI

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 10th January, 2025 + CRL.M.C. 2461/2018 GAURAV .....Petitioner Through: Mr. Anirudh Yadav, Advocate. versus STATE NCT OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Dharamveer, P.S.Chhawla. Ms. Mishika Singh, Advocate (DHCLSC) for the complainant/R-2 along with complainant in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The Petition under Article 227 of the Constitution of India, 1950 read with Section 482 of the Criminal Procedure Code, 1973 has been filed on behalf of the Petitioner/Accused, Gaurav, against the Order dated 27.11.2017 vide which the learned ASJ has set aside the Order dated 11.04.2017 of M.M. discharging the Petitioner. 2. FIR No.232/2015 under Section 324/341/34of the Indian Penal Code, 1860 was registered at P.S. Chhawla on the complaint of Sh. Raj Singh wherein he had alleged that on 18.04.2015, at about 8 P.M. his brother Rajender was sitting in front of the grocery shop, when Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:07.02.2025 CRL.M.C. 2461/2018 Page 1 of 6 18:25:30 Himanshu @ Monty s/o Bir Singh, who lives in their neighbourhood, came and told him to make his brother Gaurav to understand that his coming to his plot and smoke hukka, has become a cause of quarrel in the family because the mother of the Complainant/Raj Singh feels that they are spoiling their son. 3. On this, Monty along with his brother/Gaurav started using abusive language. The Complainant tried to make them understand, but Monty slapped him and they both had a scuffle. Thereafter, Monty went to his house and brought a vegetable cutting knife and called his brother Gaurav who came and caught hold of him, while Monty a