CRL.M.C. No.1222/2011
1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners have sought setting aside of the impugned order dated 22.05.2010 passed in Complaint Case No.854/T, titled 'Ashwani Kumar Vs. Anil Kumar & Ors.', falls under jurisdiction of Police Station Subji Mandi, New Delhi.
2. Further sought directions thereby quashing of the complaint case noted above pending before the Trial Court.
3. Briefly stated, respondent No. 2 is the brother of the petitioner No.1 and petitioner No.2 is son of petitioner No. 1. The present petition has been filed by stating that the respondent No.2 had filed a criminal complaint under Sections 323/341/506 of the Indian Penal Code, 1860 (for short 'IPC') against the petitioners, that earlier the respondent No.2 had filed a criminal complaint bearing CC No.382/3 (94/1) under Sections 323/341/427/452/506 read with Section 34 IPC against the petitioners and the daughter of petitioner No.1, which is pending before the learned Metropolitan Magistrate. The respondent No.2/complainant alleged that on 01.10.2007 and thereafter on 03.10.2007 when the respondent No.2 came to attend the case in the court of Sh. Vinay Singhal, Metropolitan Magistrate, Delhi, the petitioners had extended threats, petitioner No.2 hit the respondent No.2 on the backside of his neck and the petitioner No.1 gave a punch in his stomach.