IN THE HIGH COURT OF DELHI AT NEWDELHI

WP (CRL). NO.______/2022
IN THE MATTER OF:-

ANEES AHMAD ….PETITIONER

VERSUS

STATE OF NCT OF DELHI & ANR. ….RESPONDENTS

INDEX

S.NO. PARTICULARS PAGE NO. COURT

FEES

1. NOTICE OF MOTION 3

2. URGENT APPLICATION 4

3. MEMO OF PARTIES 5

4. LIST OF DATES & EVENTS 6

5. CONSOLIDATED COURT FEE 7

6. WRIT PETITION UNDER ARTICLES

226 OF CONSTITUTION OF INDIA R/W
SECTION 482 Cr.P.C. FOR QUASHING
FOR QUASHING THE FIR
NO.0005/2021U/S 376/506 IPC P.S.:
KHAJURI KHAS, DELHI

7 SUPPORTING AFFIDAVIT OF
PETITIONER

8. SUPPORTING AFFIDAVIT OF
RESPONDENT NO.2
 9. APPLICATION U/S 482 Cr.P.C. FOR
EXEMPTIONALONGWITHSUPPORTIN
G AFFIDAVIT OF PETITIONER

10. ANNEXURE P-1

COPY OF FIR NO.0573/2022

ALONGWITH ITS ENGLISH
TRANSLATION

11. VAKLATNAMA Rs.4/- +

Rs.25/-

DELHI:
DATED:-10.03.2021 FILED BY:

VIJAYA TYAGI
(ADVOCATE)
ENROL NO.D-1459/2007
CH.NO.G-711, G-BLOCK,
KARKARDOOMA COURT, DELHI-110032
MOB. NO.9990698323
E-MAIL ID: vijayatyagi71@gmail.com

Note:- The petitioner undertakes to file the hard copy of the

petition as and when directed by this Hon’ble Court.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
WP (CRL). NO.______/2022
IN THE MATTER OF:-

ANEES AHMAD . ….PETITIONERS

VERSUS

STATE OF NCT OF DELHI & ANR. ….RESPONDENTS

NOTICE OF MOTION
To,
The Ld. Registrar,
Hon’ble High Court of Delhi,
New Delhi.

Sir,

Enclosed please find the accompanying petition in the aforesaid

matter, which is being filed on behalf of the petitioner and the same is
likely to be listed on ___/10/2022, or any date, thereafter. Please take
notice accordingly.

Please take notice accordingly.

DELHI:
DATED:-1.10.2022
FILED BY:

VIJAYA TYAGI
(ADVOCATE)
ENROL NO.D-1459/2007
 IN THE HIGH COURT OF DELHI AT NEW DELHI
WP (CRL). NO.______/2022
IN THE MATTER OF:
ANEES AHMAD . ….PETITIONER
VERSUS

STATE OF NCT OF DELHI & ANR. ….RESPONDENT

URGENT APPLICATION

To,
The Ld. Registrar,
Hon’ble High Court of Delhi,
New Delhi.

Sir,

Kindly treat the accompanying petition as urgent one as per High

Court Rules “THE PRESENT MATTER INVOLVES FOR
QUASHING FIR NO.0573/2022U/S 304A/337/288 IPC P.S.:
DAYALPUR, DELHI AND CONSEQUENTIAL PROCEEDINGS
ARISING OUT OF THE PRESENT FIR”. The matter may be listed for
___________.

DELHI:
DATED:-
FILED BY:

VIJAYA TYAGI
(ADVOCATE)
ENROL NO.D-1459/2007
 IN THE HIGH COURT OF DELHI AT NEW DELHI
WP (CRL). NO.______/2022
IN THE MATTER OF:-

ANEES AHMAD ….PETITIONER

VERSUS

STATE OF NCT OF DELHI & ANR. ….RESPONDENTS

MEMO OF PARTIES
1.Anees Ahmad
S/o Sh. Jabir Husain
R/o Village Umari, Bijnor,
Uttar Pradesh-246701
Also at
R/o H.No-B-174, Street No-15,
Old Mustafabad
VERSUS

1.STATE OF NCT OF DELHI

2. Smt. Mandhu W/o Lt. Sh. Manoj Kumar

R/o Village Bachgawan Shivpuri, Kariyara,Kheri
UttarPradesh-262804

WRIT PETITION UNDER ARTICLES 226 OF CONSTITUTION OF

INDIA R/W. SECTION 482 Cr.P.C. FOR QUASHING THE FIR
NO.0573/2022 U/S 304A/337/288 IPC P.S.: KHAJURI KHAS, DELHI
AND ALL CONSEQUENTIAL PROCEEDINGS ARISING THEREOF
DELHI:
DATED:-10.03.2021 FILED BY:

VIJAYA TYAGI
(ADVOCATE)
 IN THE HIGH COURT OF DELHI AT NEW DELHI
WP (CRL). NO.______/2022
IN THE MATTER OF:-

ANEES AHMAD ….PETITIONER

VERSUS

STATE OF NCT OF DELHI & ANR. ….RESPONDENTS

CONSOLIDATED COURT FEE OF RS.20/-

DELHI:
DATED:-
FILED BY:

VIJAYA TYAGI
(ADVOCATE)
ENROL NO.D-1459/2007
CH.NO.G-711, G-BLOCK,
KARKARDOOMA COURT, DELHI-110032
 IN THE HIGH COURT OF DELHI AT NEW DELHI
WP (CRL). NO.______/2022
IN THE MATTER OF:-

ANEES AHMAD ….PETITIONER

VERSUS

STATE OF NCT OF DELHI & ANR. ….RESPONDENTS

WRIT PETITION UNDER ARTICLES 226 OF

CONSTITUTION OF INDIA R/W. SECTION 482 Cr.P.C. FOR
QUASHING THE FIR NO.0005/2021 U/S 376/506 IPC P.S.:
KHAJURI KHAS, DELHI AND ALL CONSEQUENTIAL
PROCEEDINGS ARISING THEREOF
To,
The Hon'ble Chief justice and his
companion judges of the Hon'ble
High Court of Delhi at New Delhi.

THE HUMBLE PETITION OF THE PETITIONERS

ABOVENAMED MOST RESPECTFULLY SHOWETH:-
By way of present petition, the petitioner seeks quashing of
FIR No.0573/2022 U/s 304A/337/288 IPC P.S.: Dayalpur, Delhi,
which was registered by the respondent No.2 against the petitioners
on account of some misunderstanding and due to the provocation of
society members, whereas she is having no dispute or any grudge
with the petitioner.
BRIEF FACTS OF FILING THE PRESENT PETITION ARE
AS UNDER:-

1. That the petitioners as well as respondent No.2 are citizen of

India and are residing at the respective above-mentioned

addresses and competent to file the present petition for

 quashing the FIR No.0573/2022. The respondent No.1 is the

State of NCT, responsible for maintaining law and orders. The

respondent No.2 is the complainant in the impugned FIR

No.0573/2022 U/s 304A/337/288 IPC.

2. That some misunderstanding fetched into the respondent No.2,

due to which on 4.09.2022, she registered a FIR No.0573/2022

U/s 304A/337/288 IPC with P.S. Dayalpur, Delhi against the

petitioner . Copy of FIR No.0573/2022 with its English

Translation is annexed as Annexure P-1.

3. That after registration of the FIR, the respondent No.2 realized

about the mistake by registering the present impugned FIR

against the petitioners.

4. That the complainant/respondent No.2 does not want any

proceeding against the petitioners as the registration of FIR was

only due to misunderstanding and provocation by the society

members, while she was/is having no dispute or any grudge

with the petitioner for anything and further she is filing her

supporting affidavit with this quashing petition regarding no

objection if the present impugned FIR No.0573/2022 is

quashed by this Hon’ble Court and further ready to give her

necessary statements before this Hon’ble Court. Accordingly,

the petitioners seek quashing of the aforesaid FIR on the

following grounds:-

GROUNDS

a. Because the impugned FIR No.0573/2022 was registered

only due to the misunderstanding of the respondent No.2,

whereas she was/is having no dispute or any grudge with

the petitioners and who has not committed any offence as

alleged in the FIR.

b. Because as per the complainant, she does not want to

continue with the proceeding of said impugned FIR,

hence no purpose will be served in continuation of the

impugned FIR No.0573/2022.

c. Because the petitioners and respondent No.2 are having

good family set-ups and having good reputation and

image in society, hence such criminal litigation may lead

to spoil of their lives and image in the society as well.

d. Because the petitioner innocent and have not committed

any offence as alleged in the FIR.

e. Because the complainant in the above-noted FIR

No.0573/2022 is filing her supporting affidavit with this

petition regarding no objection if the impugned FIR is

 quashed by this Hon’ble Court and further agreed to

make necessary statement before this Hon’ble Court for

quashing the said with her free will and consent.

f. Because the quashing of the impugned FIR

No.0573/2022 would secure the ends of justice and the

spirit of the Code of Criminal Procedure.

5. That if the proceedings are permitted to continue under the

given facts and circumstances, then it would be amount to

abuse of process of law and uncalled for harassment of the

petitioners.

6. That in the present FIR No.0573/2022, the charge-sheet is not

filed yet, hence there is no other alternative remedy available to

the petitioners to seek the reliefs, which sought in the present

petition, except by way of filing the present writ petition U/s.

226 of constitution of India.

7. That it is humbly submitted that this is a fit case, in which this

Hon’ble Court may be pleased to invoke its inherent powers by

quashing the impugned FIR No.0573/2022 Hence this petition.

8. That the petitioners undertake that no other petition has been

moved by them before this Hon’ble Court or any other Court of

law, seeking similar reliefs as sought in the present petition.

 P R A Y E R:-

It is, therefore, most respectfully prayed that this Hon’ble Court may

kindly be pleased to:-

a. quash the FIR No.0573/2022 U/s 304A/337/288 IPC with

P.S. Dayalpur Delhi and consequential proceedings

arising out of the present FIR may also be quashed; AND

Pass any other order(s) which this Hon’ble Court deems fit and proper
under the facts and circumstances of the case.

PETITIONER

DELHI:
DATED:-
THROUGH:

VIJAYA TYAGI
(ADVOCATE)
ENROL NO.D-1459/2007
CH.NO.G-711, G-BLOCK,
KARKARDOOMA COURT, DELHI-110032
MOB. NO.9990698323
E-MAIL ID: vijayatyagi71@gmail.com
 IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(CRL.) NO._______/2022
IN THE MATTER OF:-
ANEES AHMAD ….PETITIONER
VERSUS

STATE OF NCT OF DELHI & ANR. ….RESPONDENTS

AFFIDAVIT

I, __________(AGE YEARS) S/O R/O DAYAL PUR, DELHI, do

hereby solemnly affirm and declare as under;-

1. That I am deponent herein and the petitioner in the above noted

petition and accused in FIR No.0573/2022 U/s 304A/337/288

IPC P.S. Dayalpur, Delhi and am well conversant with the facts

of the case, hence I am competent to swear this affidavit.

2. That I have filed accompanying petition U/A 226 of

Constitution of India R/w Section 482 Cr.P.C. for quashing of

FIR before this Hon’ble Courts. The contents of the same may

kindly be read as part and parcel of this affidavit being not

repeated here for the sake of brevity. The contents of the

present affidavit as well as accompanying writ petition have

been read over to me in my vernacular language, which I

understand well and the same are true and correct.

3. That the contents of the affidavit as well as petition are true and

correct and nothing material has been concealed therefrom.

DEPONENT
VERIFICATION:-

Verified at Delhi on this ___ October-2022 that the contents of the

above affidavit are true and correct to my knowledge and nothing

material has been concealed therefrom.

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(CRL.) NO._______/2022
IN THE MATTER OF:-
RAJKUMAR & ORS. ...PETITIONERS
VERSUS
THE STATE (NCT OF DELHI) & ANR. ...RESPONDENTS
AFFIDAVIT

I, d(AGE YEARS) W/O LATE SH. PAPPU

SHARMA R/O H. NO.15, GALI NO.3, BLOCK-C, DAYALPUR,

KARAWAL NAGAR, DELHI-110094, do hereby solemnly affirm

and declare as under;-

1. That I am deponent herein and the respondent No.2 in the

above noted petition and wife of the deceased namely Pappu

Sharma and am well conversant with the facts of the case,

hence I am competent to swear this affidavit.

2. That I have filed accompanying petition U/A 226 of

Constitution of India R/w Section 482 Cr.P.C. for quashing of

FIR before this Hon’ble Courts. The contents of the same may

kindly be read as part and parcel of this affidavit being not

repeated here for the sake of brevity. The contents of the

present affidavit as well as accompanying writ petition have

 been read over to me in my vernacular language, which I

understand well and the same are true and correct.

3. That I have resolved all the issue/dispute with the petitioners by

way of Compromise Deed and I have received the amount of

Rs.7,00,000/- through DD from the petitioners.

4. That I have no objection if the FIR No. may kindly be pleased

to quash by this Hon’ble Court.

5. That the contents of the affidavit as well as petition are true and

correct and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION:-
Verified at Delhi on this ___ October-2022 that the contents of the
above affidavit are true and correct to my knowledge and nothing
material has been concealed therefrom.

DEPONENT
P R A Y E R:-

It is, therefore, most respectfully prayed that this Hon’ble Court

may kindly be pleased to allow the present exemption application of

the petitioners/applicants accordingly, in the interest of justice.

Pass any other order(s) which this Hon’ble Court deems fit and

proper under the facts and circumstances of the case.

APPLICANTS/PETITIONER

DELHI:
DATED:-
THROUGH:

VIJAYA TYAGI
(ADVOCATE)
ENROL NO.D-1459/2007
CH.NO.G-711, G-BLOCK,
KARKARDOOMA COURT, DELHI-110032
MOB. NO.9990698323
E-MAIL ID: vijayatyagi71@gmail.com
 IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(CRL.) NO._______/2022
IN THE MATTER OF:-

AFFIDAVIT

I, (AGE YEARS) S/O SH. HOSHIAYAR SINGH R/O H.

NO.69, D-BLOCK, GALI NO.6, DAYAL PUR, DELHI, do hereby

solemnly affirm and declare as under;-

1. That I am deponent herein and the petitioner/applicant in the

above noted case and am well conversant with the facts of the

case, hence I am competent to swear this affidavit.

2. That I have filed accompanying application under Section 482

Cr.P.C. for seeking exemption, before this Hon’ble Courts. The

contents of the same may kindly be read as part and parcel of

this affidavit being not repeated here for the sake of brevity.

The contents of the present affidavit as well as accompanying

writ petition have been read over to me in my vernacular

language, which I understand well and the same are true and

correct.
3. That the contents of the affidavit as well as application are true

and correct and nothing material has been concealed therefrom.

DEPONENT
VERIFICATION:-

Verified at Delhi on this ___ October-2022 that the contents of the

above affidavit are true and correct to my knowledge and nothing

material has been concealed therefrom.

DEPONENT