IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 NO. 21572 OF 2019

IN THE MATTER OF:

Deepti Sharma and Another --Applicants

Versus

State of Uttar Pradesh & Others --Opp Parties

Affidavit of Shubhnet Anand,

W/o Amarjit Singh

17, Coach Road, Rosslyn Park,

South Australia 5072

(Deponent)

I, the deponent abovenamed do hereby solemnly affirm and so

state on oath as under: -

1. That the Deponent is the Opposite Party No. 3 in the above noted

Application and is also the complainant in the said F.I.R. as such she is

fully conversant with the facts of the case and is as such competent to

file the present Affidavit.

2. That the Deponent is the resident of Australia and is unable to travel to

India so she along with her husband Opposite Party No.2 has executed
 a Special Power of Attorney dated 13.05.2019 in favour of her

husband’s brother Sh. Harjit Singh Anand, who is a resident of 49,

Ground Floor, Right Side, Poorvi Marg, Vasant Vihar, New Delhi 57.

The Original SPA which has been signed by the Deponent and has been

duly notarised at Australia is annexed with the afore-mentioned

Application as ANNEXURE-9.

3. It is further submitted that the contents of all the paragraphs of the

afore-mentioned Application and all the annexures of the Application

are admitted by the Deponent herein. It is admitted that that Deponent

along with her husband, Mr. Amarjit Singh, Opposite Party 2 herein has

settled all their disputes with the Applicants and received an amount of

Rs. 25,15,000/- (Rupees Twenty-Five Lakhs and Fifteen Thousand

Only) as full and final settlement. A settlement agreement was also

entered with the Applicants Deepti Sharma and Prashant Sharma on

11.05.2019 through our brother and SPA Holder Sh. Harjit Singh

Anand. The Original Settlement Agreement dated 11.05.2019 is

annexed with the afore-mentioned Application as ANNEXURE-10, the

contents of the said Settlement Agreement are admitted and reiterated

herein by the Deponent.

4. It is submitted that after talks and mutual understanding and due

realisation that no offence was committed by either the Applicants or the

Deponent and Opposite Party No.2 both the parties have resolved their
 disputes with each other. That the Applicants and the Deponent along

with the Opposite Party No.2 have voluntarily and of their own free will

arrived at a settlement which is incorporated in the afore-stated

Settlement Agreement. That the Deponent and the Opposite Party No.2

are Non-Resident Indians and have been residing at Australia since 2007

and their brother Sh. Harjit Singh is taking care of their matters in India.

5. It is submitted that no offence has been committed by either the

Applicants or the Deponent and Opposite Party No.2 and that the dispute

between the present parties was really of civil nature, both the parties

have resolved their disputes with each other voluntarily and amicably.

6. It is further stated that the Deponent and the Opposite Party No.2 who

are the complainants in the impugned First Information Report intend to

withdraw the prosecution against the Applicants herein.

7. It is further stated that the Deponent and the Opposite Party No.2, the

Complainants, as key witnesses of the prosecution do not wish to press

charges against the Applicants herein.

8. It is submitted that the ends of justice would be served in quashing the

criminal proceedings against the Applicants in which the complainants

and the accused/Applicants have successfully resolved their disputes

and continuing with the trial would be an exercise in futility.

9. It is prayed that this Hon’ble Court may be pleased to allow the present

Application for Quashing and grant the Prayers sought for in the afore-

mentioned Application.

VERIFICATION:

I, the deponent abovenamed do hereby swear and verify that the

contents of paragraph 1-9 are true to my personal knowledge, which all

I believe to be true. That no part of this affidavit is false and nothing

material has been concealed herein.

(Deponent)