Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 33 CT Cases 584/2025
DEEP MALA DUBEY Vs. KULDEEP SHARMA /0 (Shakarpur)
06.08.2026
Present: Sh. Rohit Singh, Ld. proxy counsel for complainant (through VC).
Vide this order, I shall decide an application u/s.175(3) BNSS.
2. Brief facts, as mentioned in the application are that the complainant is
a tenant of proposed accused in property bearing no.A-1/1A, Third Floor, Ganesh
Nagar-II, Shakarpur, Near Chaudhary Dairy, Delhi-110092
(hereinafter referred to
as ‘the property in question’). Complainant was required to pay a monthly rent of
Rs.12,500/- in the bank account of proposed accused persons or same was to be
paid in cash. Complainant paid two months rent as security and one month rent as
advance. Complainant used to pay rent regularly to proposed accused no.1. When
the complainant requested proposed accused no.1 to issue the rent receipt, he
assured of the same, however, did not issue the same.
3. It is further stated that proposed accused no.1 offered to sell the
property in question for a consideration of Rs.26 lakhs. As complainant did not
have sufficient funds, proposed accused no.1 offered to accept the consideration in
installments. Complainant paid a sum of Rs.3 lakhs as earnest money to proposed
accused no.1 on 29.06.2019. Complainant requested proposed accused no.1 to
execute an agreement to sell , however, neither any receipt was issued nor any
agreement to sell was executed. Complainant further paid installments of Rs.2.52
lakhs and Rs.3.50 lakhs to proposed accused no.1 in cash on 09.08.2019 and
19.08.2023. Complainant further paid an installment of Rs.3.50 lakhs on
13.02.2025. Complainant has been regularly paying rent to the proposed accused.
4. It is further stated that proposed accused no.1 refused to sell the
property in question to the complainant in the month of March, 2025 and demanded
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Deep Mala Dubey Vs. Kuldeep Sharma /0 (Shakarpur)
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Rs.35 lakhs instead of agreed amount of Rs.26 lakhs. He also threatened to get the
property in question vacated from the complainant.
5. It is further stated that on 07.05.2025 at about 03:05 p.m., proposed
accused no.2 and 3 entered the residence of the complainant and abused her in
filthy language, however, complainant did not open the main gate. Proposed
accused no.2 & 3 switched off the main electricity connection. They forcibly
entered the residence of the complainant, gave beatings to her, molested her. PCR
was called, however, no action was taken. The complainant was constrained to file
complaints with SHO PS Shakarpur and higher police officials, but to no avail.
Hence, the present application.
6. ATR was called from the PS concerned as per which no cognizable
offence has been made out.
7. Arguments have been heard. Record perused.
8. In the case in hand, there is no evidence whatsoever regarding
payment of any earnest money or any subsequent payment to proposed accused
no.1. Further, it is stated in the complaint that the incident dated 07.05.2025 was
recorded in the CCTV, however, no such recording has been placed on record.
There is nothing on record which could substantiate the allegations of the
complainant inspite of the fact that the incident of trespass, giving beatings, etc.
was recorded in the CCTV. In view of the same, this court is no inclined to allow
the present application. Therefore, the same stands dismissed. Complainant is at
liberty to proceed with her complaint u/s.223 BNSS
Put up for examination of complainant and witnesses u/s.223 BNSS
on 25.11.2026.
(RINKU JAIN)
ACJM (EAST)/KKD/DELHI
06.08.2026
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CT Cases 584/2025 Page No. 2 of 2
Deep Mala Dubey Vs. Kuldeep Sharma /0 (Shakarpur)
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