Delhi High Court
Manish Chadha & Ors vs The State (Nct Of Delhi)& Anr on 16 March, 2016
#28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:16th March, 2016
+ W.P.(CRL) 558/2015
MANISH CHADHA & ORS ..... Petitioners
Through Mr. Anand Maheshwari, Advocate
versus
THE STATE (NCT OF DELHI)& ANR ..... Respondents
Through Mr. Ashish Aggarwal, Addl. Standing
Counsel (Crl.) with Mr. Piyush Singhal,
Advocate
SI Kamal, PS Shalimar Bagh
Respondent no. 2 in-person
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J. (ORAL)
1. The present petition has been received on transfer.
2. The present is a petition under Article 226/227 of the Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973 praying as
follows:-
"It is, therefore, most respectfully prayed that the
Hon'ble Court may be pleased to direct the trial courts to
dispose of the cases listed hereunder at an earliest date by
conducing the day to day proceedings preferably within a
period of six months by issuing a writ of mandamus or
any other writ in the facts and circumstances of the case:-
(i) Gurpreet Kaur vs. Manish Chadha & Ors., u/s 12
of DV Act filed on 27.08.2008 before Court of Ms.
Mona T. Kerketta, MM, Tis Hazari, Delhi and 3
petitions under Section 340 of Cr.P.C. with the
main petition, next date of hearing is 16.05.2015.
(ii) Appeal filed by respondent no. 2 titled as Gurpreet
Kaur vs. Manish Chadha & Ors., pending in the
Court of Sh. Dinesh Bhatt, ASJ, Tis Hazari, Delhi
challenging order dated 06.01.2014 u/s 29 of DV
Act and next date of hearing is 27.03.2015.
(iii) Appeal filed by petitioner no. 1 titled as Manish
Chadha vs. Gurpreet Kaur, against above cited
order dated 06.01.2014, pending in the Court of
Sh. Dinesh Bhatt, ASJ, Tis Hazari, Delhi and next
date of hearing is 27.03.2015.
(iv) Respondent no. 2 has also filed a criminal case
against petitioners titled as State vs. Manish
Chadha & Ors., u/s 498A/406/34 IPC in Court of
Ms. Shefali Barnala Tandon, MM, Rohini, Delhi
and next date for arguments on charge is
02.05.2015. Charge-sheet was filed in September,
2010.
(v) Petition u/s 13(1)(a) of HMA titled Manish
Chadha vs. Gurpreet Kaur filed on 21.12.09 and
next date is 19.5.2015 pending in Court of Sh. D.S.
Punia, Principal Judge, Family Court, Tis Hazari,
Delhi. Respondent no. 2 has filed petition under
section 24 of HMA on 18.03.2010 and next date is
19.5.2015 for arguments. Also 4 petitions u/s 340
Cr.P.C. filed by petitioners and respondent no. 2
with the main petition.
Any other reliefs which this Hon'ble Court may
deem fit and proper be also passed in favour of the
petitioners."
3. The cases enumerated hereinabove are a consequence of marital discord
between Mr. Manish Chadha, petitioner no. 1 (husband) on the one hand and
Ms. Gurpreet Kaur, respondent no. 2/complainant (wife) on the other.
4. It is an admitted position that the parties to the union have been litigating
against each other for the past eight years.
5. A number of proceedings inter se which also involve the respective
parents of the parties to the marriage are pending adjudication before various
Courts in Delhi.
6. Ms. Gurpreet Kaur, respondent no. 2/complainant (wife), who is present
in person in Court today, states that she is currently employed with a multi-
national corporation (GE, Gurgaon, Haryana) and that the delay in the
adjudication of all the proceedings between the parties is causing her deep
anguish and harassment.
7. The parties have levelled accusations and allegations against each other
as contained in the pleadings of all the proceedings pending before various
Courts as afore-stated.
8. Without going into the merits of those accusations and allegations
levelled by the parties against each other and their family members, keeping in
mind the saying that "If it were done when 'tis done, then 'twere well if it were
done quickly", with the consent of the parties, the hearing of the following cases
is expedited:-
(i) Gurpreet Kaur vs. Manish Chadha & Ors., u/s 12
of DV Act filed on 27.08.2008 before Court of Ms.
Mona T. Kerketta, MM, Tis Hazari, Delhi and 3
petitions under Section 340 of Cr.P.C. with the
main petition, next date of hearing is 16.05.2015.
(ii) A criminal case against petitioners titled as State
vs. Manish Chadha & Ors., u/s 498A/406/34 IPC
in Court of Ms. Shefali Barnala Tandon, MM,
Rohini, Delhi and next date for arguments on
charge is 02.05.2015. Charge-sheet was filed in
September, 2010.
(iii) Petition u/s 13(1)(a) of HMA titled Manish
Chadha vs. Gurpreet Kaur filed on 21.12.09 and
next date is 19.5.2015 pending in Court of Sh. D.S.
Punia, Principal Judge, Family Court, Tis Hazari,
Delhi. Respondent no. 2 has filed petition under
section 24 of HMA on 18.03.2010 and next date is
19.5.2015 for arguments. Also 4 petitions u/s 340
Cr.P.C. filed by petitioners and respondent no. 2
with the main petition.
9. Insofar as the following two proceedings are concerned, the same have
been rendered infructuous in view of the circumstance that these proceedings
have already been decided in accordance with law:-
(i) Appeal filed by respondent no. 2 titled as Gurpreet
Kaur vs. Manish Chadha & Ors., pending in the
Court of Sh. Dinesh Bhatt, ASJ, Tis Hazari, Delhi
challenging order dated 06.01.2014 u/s 29 of DV
Act.
(ii) Appeal filed by petitioner no. 1 titled as Manish
Chadha vs. Gurpreet Kaur, against above cited
order dated 06.01.2014, pending in the Court of
Sh. Dinesh Bhatt, ASJ, Tis Hazari, Delhi.
10. The concerned Courts are requested to dispose of the above proceedings
as expeditiously as possible and preferably within a period of six months from
the next date of hearing in the respective proceedings without granting any
unwarranted adjournments to counsel appearing on behalf of the parties.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
12. Copy of this order be sent to concerned MM, Tis Hazari Courts, Delhi;
concerned Principal Judge, Family Court, Tis Hazari Courts; and concerned
MM, Rohini Courts, Delhi for information and compliance.
13. Copy of this order be given dasti to counsel for the parties.
SIDDHARTH MRIDUL, J
MARCH 16, 2016
SD
