Shanti Devi v. Attar Singh & Ors

Delhi High Court · 06 Apr 2015 · 2015:DHC:10770
Sunil Gaur
CRL.M.C.1307/2015 & CRL.M.C.1311/2015
2015:DHC:10770
criminal appeal_dismissed

AI Summary

The Delhi High Court dismissed petitions challenging the refusal to initiate criminal proceedings under Section 156(3) Cr.P.C., holding that the dispute is civil in nature with a pending civil suit.

Full Text
Translation output
$-24&26 HIGH COURT OF DELHI (i) CRL.M.C.1307/2015&Crl.M.A.4800/2015
SMT SHANTI DEVI
Through:
Petitioner Mr.A.K.Panday,Mr.V.S.Dubey and Mr.Abhishek,Advocates
VERSUS
ATTAR SINGH & ORS
Through:
Respondents Mr.Karan Singh,Additional PublicProsecutorforrespondent-
State (ii) CRL.M.C.1311/2015& Crl.M.A.4806/2015
SMT SHANTIDEVI Petitioner
Through: Mr.A.K.Panday,Mr.V.S.Dubey and Mr.Abhishek,Advocates
VERSUS
ATTAR SINGH & ORS
Through:
Respondents Mr.Karan Singh,Additional PublicProsecutorfor respondent-
State
CORAM:
HON'BLE MR.JUSTICE SUNIL GAUR
06.04.2015 In the above-captioned two petitions, the challenge is to the impugned orders vide which petitioners' application under Section 156
(3)ofCr.P.C.as well as the complaint has been dismissed by the courts below by holding that the dispute between the parties is essentially of
CRL.M.C.1307& 1311 of2015 Page 1 2015:DHC:10770 civil nature and the civil suit is already pending.
Since the challenge to the impugned orders is on the common ground,therefore,withthe consentoflearned counselforthe parties,both these petitions were heard together and by this common order,they are being disposed of.
Upon hearing learned counsel for petitioners and on perusal ofthe impugned orders, I find no palpable error in the impugned orders.
Accordingly,boththese petitions are dismissed while making it clearthat the dismissal ofthese petitions will not be taken as a reflection on merits in the pending civil suit.
The above captioned two petitions and the applications are accordingly disposed of.
(SUNIL GAUR)
JUDGE
APRIL 06,2015 s CRL.M.C.1307&I31I of2015 2 2015:DHC:10770
JUDGMENT