Order 8

Order Details: COPY OF ORDER
Pdf Text: 55
Ct. Cases 1140/2023
NIDHI SHARMA Vs. MAHESH SAINI
AND OTHERS
28.03.2024
Undersigned is working with one Steno. Ahlmad is
on half day leave. Undersigned has to proceed for TIP in the
post lunch session. No passover shall be granted.
Present: Sh. Akash Sethi, Ld. Counsel for complainant.
Put up at 2 pm for orders.
(Ritika Kansal)
MM-7(NW)/RC/Delhi
28.03.2024
File taken up at 4:00 P.M.
Present: As above.
Vide my separate order of even date, application U/s
156 (3) Cr. PC is disposed of as dismissed.
Now to come up for PSE on 20.09.2024.
(Ritika Kansal)
MM-7(NW)/RC/Delhi
28.03.2024
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55
Ct. Cases 1140/2023
NIDHI SHARMA Vs. MAHESH SAINI
AND OTHERS
Page 1 of 3
28.03.2024
ORDER ON APPLICATION U/S 156 (3) CR.PC
1. Vide this order, I shall dispose of the application filed
u/section 156(6) Cr.P.C. preferred by the applicant Nidhi Sharma
against alleged Mahesh Saini, Naresh Saini, Sunil Saini, Neetu
Saini and Aashu Saini.
2. It is stated that the complainant married Amit Saini on
31.10.2017. It was inter caste marriage and not arranged by the
families of the complainant or her husband. It is further stated that
both the families were against the said marriage and now the
complainant is living with her husband and mother in law at H
no.23, Sahipur Village, Shalimar Bagh, Delhi. It is further stated
that the accused persons are relative of the complainant and due to
their intercaste marriage, the accused persons have been
continuously harassing the complainant. It has been alleged that on
05.11.2022, the accused persons used vulgar language towards the
complainant, that with the criminal intent to disrobe the
complainant/applicant, the accused persons had used criminal
force against her. It is further alleged that the complainant had
given a police complaint vide DD no.60 dated 05.11.2022 but no
action has been taken against the accused persons. It is further
alleged that the MLC of complainant was conducted in the BJRM
Hospital but despite several requests, the copy of MLC was not
provided leading to filing of another complaint addressed to the
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Ct. Cases 1140/2023
NIDHI SHARMA Vs. MAHESH SAINI
AND OTHERS
Page 2 of 3
concerned SHO vide DD No.76 A dated 04.01.2023. It has been
further alleged that the Inquiry Officer in collusion with the
accused persons had prepared a false kalandara against the
complainant U/s 107/111 Cr. PC, and that the complainant was
pressurized to settle the matter or to withdraw the complaint. The
complainant has also annexed copy of one audio recording in form
of CD and pendrive, copy of previous complaint. It is stated that
despite approaching the concerned SHO and DCP concerned, no
action has been taken against the alleged persons. As such it is
prayed that, FIR u/section 354/354A/354B/323/341/350/506/34
IPC be registered against the alleged accused persons.
3. Action Taken Report (ATR) has been filed by SI
Rajesh Kumar. As per the report, EO stated that both the parties in
habit of making allegations against each other and were
threatening each other and therefore a kalandara was prepared
against both the sides U/s 107/150 Cr PC. It is further stated that
as per the final opinion on the MLC of applicant, the nature of
injuries are found to simple. The EO has also annexed the
statement of two neigbours in support of averments in the report.
The EO has concluded that no cognizable offence is made out in
the present matter.
4. I have perused the record and given my thoughtful
considerations to the arguments advanced. During the course of the
arguments, Ld. counsel has also filed the transcription of audio
recording as per direction of the Court.
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Ct. Cases 1140/2023, NIDHI SHARMA Vs. MAHESH SAINI
Page 3 of 3
5. Firstly the identity of the accused persons is not
disputed. Admittedly, the accused persons are related to the
husband of the complainant. Secondly, both the parties are stated
to be residing the same neighborhood as per the addresses
provided by the complainant. As per the complaint dated
05.11.2022 vide DD No.60, it is stated that the complainant was
assaulted by accused Mahesh and his brother, threatened them by
consequences of life. In the same statement, complainant has also
stated that she has recording of threat and vulgar languages used
against her. Thus, complainant herself is in possession of
sufficient material to substantiate the allegations. Furthermore, at
instance of complainant, the court can summons witnesses
including those residing in same neighborhood. There is nothing
to be recovered from the accused persons. They are not required
to be kept in custody for interrogation. Further, the complainant
has failed to point out purpose for which the field investigation is
required and what new facts are sought to be discovered through
investigation. In view of same, no ground is made out to allow
the present application. Same is disposed of as dismissed.
However, complainant is at liberty to lead PSE and to file the list
of witnesses.
6. Having said so, if need arises, assistance of
investigating agency can be sought under Section 202 Cr.PC at a
later stage.
7. Copy of this order be given dasti to applicant/ Ld.
counsel.
(RITIKA KANSAL)
MM-7(NW)/RC/Delhi
28.03.2024
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