IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CRL.) NO. _____/2023
IN THE MATTER OF:
VIKAS DHULL AND OTHERS …. PETITIONERS
VERSUS
STATE OF NCT DELHI & ANR. …. RESPONDENT
FIR NO 29/2021,
P.S. SWAROOP NAGAR
U/S 409,420,467,468,471,120B
INDEX
S.NO. PARTICULARS PAGES
1. NOTICE OF MOTION
2. COURT FEES
3. URGENT APPLICATION
4. LIST DATES AND EVENTS
5. MEMO OF PARTIES
6. SYNOPSIS AND LIST OF DATES &
EVENTS.
7. WRIT PETITION (CRL) UNDER
ARTICLE 226 OF THE
= CONSTITUTION OF INDIA READ
WITH 482 CR. PC ON BEHALF OF
THE PETITIONERS INTER ALIA
PRAYING FOR QUASHING OF FIR
NO. 29/2021 P.S. SWAROOP NAGAR.
DATED 21/01/2021 UNDER
SECTION U/S
409,420,467,468,471,120B INDIAN
PENAL CODE, 1860 ALONG WITH
CONSEQUETING PROCEDDINGS
ON THE BASIS OF SETTLEMENT
DATED 01.11.2022 WITH
SUPPORTING AFFIDAVITS.
8. ANNEXURE P – 1
TRUE COPY OF THE FIR NO.
29/2021 DATED 21.01.2021, P.S
SWAROOP NAGAR, DELHI U/s
409,420,467,468,471,120B.
9. ANNEXURE P-2.
TRUE COPY OF CERTIFICATE OF
INCORPORATION (V INSPIRE
FACILITY MANAGEMENT
PRIVATE LIMITED).
10. ANNEXURE P– 3(COLLY)
COPY OF THE MOU APRIL, 2022
EXECUTED BETWEEN THE
PARTIES.
11. ANNEXURE P-4(COLLY)
COPY OF THE BAIL ORDER DATED
APPLICANT
THROUGH
NEW DELHI
DATE: -
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT
(ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
NEW DELHI – 110017
8130668896, 9968058236.
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CRL.) NO. _____/2023
IN THE MATTER OF:
VIKAS DHULL AND OTHERS …. PETITIONERS
VERSUS
STATE OF NCT DELHI &ANR. …. RESPONDENT
FIR NO 29/2021,
P.S. SWAROOP NAGAR
U/S 409,420,467,468,471,120B
URGENT APPLICATION
Sir,
Kindly treat the accompanying petition as an urgent one as per rules and orders
of this Hon’ble Court.
‘‘Prayer for urgent orders/ directions has been made therein.’’
NEW DELHI
THROUGH
DATED:
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT
(ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
NEW DELHI – 110017
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CRL.) NO. _____/2023
IN THE MATTER OF:
VIKAS DHULL AND OTHERS …. PETITIONERS
VERSUS
STATE OF NCT DELHI & ANR. …. RESPONDENT
FIR NO 29/2021,
P.S. SWAROOP NAGAR
U/S 409,420,467,468,471,120B
NOTICE OF MOTION
To
The Standing Counsel (Crl.),
Delhi Police,
436, Lawyers Chambers
Delhi High Court, New Delhi
Email: dhcprosecutiondelhipolice@gmail.com
Mob: 9891919168.
Dear Sir,
Please be informed that the accompanying petition is going to be listed for
hearing before Court on___ day of July, 2023.
NEW DELHI
THROUGH
DATED
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT (ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
NEW DELHI – 110017
Email id: Sralegal5152@gmail.com
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CRL.) NO. _____/2023
IN THE MATTER OF:
VIKAS DHULL AND OTHERS …. PETITIONERS
VERSUS
STATE OF NCT DELHI & ANR. …. RESPONDENT
COURT FEES
APPLICANT
THROUGH
NEW DELHI
DATE: -
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT
(ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
NEW DELHI – 110017
8130668896, 9968058236.
LIST AND DATES OF EVENTS
By way of this Petition, Petitioners are filing the present Petition for quashing of
FIR No. 29/2021, P.S. Swaroop Nagar, Delhi under U/s
409,420,467,468,471,120B.
It is submitted that a peaceful mutual settlement has been arrived at between the
parties and all the issues amongst the Parties i.e. relating to Monetary
transactions that the disputes has been resolved amicably and terms thereof have
complied with as per settlement agreement.
The Hon’ble Supreme Court in Gain Singh case 2012 (10) SCC 303 has held as
under:
“But the criminal cases having overwhelmingly and predominatingly civil
flavour stand on different footing for the purposes of quashing, particularly the
offences arising from commercial, financial, mercantile, civil, partnership or
such like transactions or the offences arising out of matrimony relating to
dowry etc. or the family disputes where the wrong is basically private or
personnel in nature and the parties have resolved their entire dispute In this
category of cases, High Court may quash criminal proceedings if in its view,
because of the compromise between the offender and victim, the possibility of
conviction is remote and bleak and continuation of criminal case would put
accused to great oppression and prejudice and extreme injustice would be
caused to him by not quashing the criminal case despite full and complete
settlement and compromise with the victim. In other words, the High Court
must consider whether it would be unfair or contrary to the interest of justice to
continue with the criminal proceeding or continuation of the criminal
proceeding would tantamount to abuse of process of law despite settlement and
compromise between the victim and wrongdoer and whether to secure the ends
of justice, it is appropriate that criminal case is put to an end and if the answer
to the above question(s) is in affirmative, the High Court shall be well within its
jurisdiction to quash the criminal proceeding.”.
It is further reiterated the same principle in Narinder Singh case 2014(6) SCC
466, the Hon’ble Apex Court has held as under: “Quashing of Criminal
Proceedings on the basis of settlement - Timing of settlement - Importance -
Where the settlement is arrived at immediately after the commission of offence
and the matter is still under investigation, the High Court may accept the
settlement.
In the present case, the charge sheet has not been filed as such the matter is in at
initial stage and quashing of FIR would suffice to meet the end of justice.
21.01.2021 The FIR No. 29/2021 dated 21.01.2021 was filed at PS:
Swaroop Nagar Under Sections
409,420,467,468,471,120B of The Indian Penal Code,
1860 By the Respondent, Mr. Jai Prakash.
29.07.202 The Petitioners got arrested by the Police Officials of
1 P.S Swaroop Nagar.
09.10.2021 The Petitioners were admitted to Interim Bail in view of
the amicable settlement arrived at Between the parties
and further Again bail was extended till 11.02.2022 As
Petitioners have Already complied with all Terms And
conditions of the Settlement.
21.02.2022 The Petitioners namely Arun dhull and Vikas Dhull
admitted to regular bail granted by Sh. Gagandeep
Singh ASJ/Spl. Judge (NDPS), North, Rohini Courts
Complex, Delhi.
22.05.2023 The Petitioner no 1, 2 and 3 the Respondent have
entered Into the Settlement agreement in purview of the
Same all the Payments were made According to the
Payment schedule which was mentioned and elaborated
in the settlement agreement.
APPLICANT
NEW DELHI
DATE: -
THROUGH
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT
(ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
NEW DELHI – 110017
8130668896, 9968058236.
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CRL.) NO. _____/2023
IN THE MATTER OF:
VIKAS DHULL AND OTHERS …. PETITIONERS
VERSUS
STATE OF NCT DELHI & ANR. …. RESPONDENT
FIR NO: 29/2021,
P.S. Swaroop Nagar, Delhi
U/s 409,420,467,468,471,120B
MEMO OF PARTIES
1. VIKAS DHULL
R/O A-35, 36 SUN CITY
SECTOR 35 ROHTAK,
HARYANA
…..PETITIONER NO.1
2. ARUN DHULL
R/O A-35, 36 SUN CITY
SECTOR 35 ROHTAK,
HARYANA …..PETITIONER NO.2
3.DEEPIKA DHULL
R/O A-35, 36 SUN CITY
SECTOR 35 ROHTAK,
HARYANA ….PETITIONER NO.3
4.RAKESH KUMAR HANS
R/O GH-4/313/MEERA
APARTMENTS, PASCHIM VIHAR
DELHI, 110063
.....PETITIONER NO.4
5. NIMESH VASHISHT
R/O WZ-121, FIRST FLOOR,
PLOT NO.13, GOPAL NAGAR
NEW DELHI -110058 ….PETITIONER NO.5
6. SANJAY SHARMA
R/O AT 2125, NEAR
TELEPHONE EXCHANGE,
HOUSE BOARD COLONY,
SECTOR-1 ROHTAK
HARYANA-124001 ….PETITIONER NO.6
7.SUNIL KUMAR
R/O AT 2125, NEAR
TELEPHONE EXCHANGE,
HOUSE BOARD COLONY,
SECTOR-1 ROHTAK
HARYANA-12 …..PETITIONER NO.7
8. SANJAY JOSHI
R/O S-309, SECOND FLOOR
CORPORATE PLAZA,
PALAM VIHAR’
GURGAON, HARYANA …PETITIONER NO.8
VERSUS
`1.STATE
NCT OF DELHI
EMAIL: - dhcprosecutiondelhipolice@gmail.com
Mob.No-9891919168
….RESPONDENT NO.1
2. ABP TRAVELS AND FACILITY
MANAGEMENT PRIVATE LIMITED
CORPORATE OFFICEAT 290,
NANGLIPUNA, SIRASPUR,
DELHI
….RESPONDENT NO.2
NEW DELHI
DATED: THROUGH
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT
(ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CRL.) NO. _____/2023
IN THE MATTER OF:
VIKAS DHULL AND OTHERS …. PETITIONERS
VERSUS
STATE OF NCT DELHI & ANR. …. RESPONDENT
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
READ WITH SECTION 482 0F THE CODE OF CRIMINAL
PROCEDURE, 1973 ON BEHALF OF THE PETITIONERS INTER ALIA
PRAYING FOR QUASHING OF FIR NO.0029/2021, DATED 21.01.2021
FILED AT P.S. SWAROOP NAGAR UNDER SECTION
409,420,467,468,471,120B IPC OF THE INDIAN PENAL CODE, 1860
ALONG WITH THE OTHER PROCEEDINGS EMANATING FROM
THE SAID FIR NO. 29/2021.
TO,
THE HON’BLE CHIEF JUSTICE
AND HIS HON’BLE COMPANION JUSTICES
JUSTICE OF THE HIGH COURT OF DELHI
THE HUMBLE PETITION OF THE PETITIONERS ABOVE NAME.
MOST RESPECTFULLY SHOWETH:
1. That the Petitioners are approaching this Hon’ble Court under Section 482
of Code of Criminal Procedure Code, 1973 (Cr.P.C) for quashing the FIR
bearing No. 29/2021 dated 21.01.2021(hereinafter referred to as (“THE
FIR”), registered at PS Swaroop Nagar, New Delhi U/s
409,420,467,468,471,120B of the Indian Penal Code, 1860 (‘IPC’) on the
ground that the matter has been settled between the parties amicably and
terms thereof has been complied with by parties as well and nothing useful
purpose would be served as there is any remote chance of conviction of the
Petitioners. The disputes were is purely commercial and relating to
Monetary transactions between the parties’ activities and the parties has
resolved it. True copy of the FIR no. 29/2021 dated 21.01.2021, P.S.
Swaroop Nagar- Delhi, under section 409,420,467,468,471,120B) is
annexed hereto as Annexure P-1.
2. That brief facts in the present case are as under:
a. M/s V Inspirer Facility Management Private Limited was
incorporated under the provision Companies Act,1956 as a Private
Limited Company vide CIN U74140HR2008PTC038519 having
its registered office at S- 309, Second Floor, Corporate Plaza,
Palam Vihar, Gurugram (herein after referred to as “the
Company”). True copy of certificate of incorporation is annexed
hereto as Annexure P-2.
b. That Petitioners are the one of directors of the company and in the
Company and is thus operational control in the Company.
c. That Petitioners Company M/s V Inspirer Facility Management
Private Limited and the Respondent company M/s ABP Travels &
Facility Management Pvt Ltd. was in business relationship with
each other
d. That Respondent no.2 had preferred a criminal complaint against
the Petitioners for Misappropriation of money, forging documents
for embezzlement of company money and siphoning of Company’s
money for their personal gain resulting of which a FIR no. 29/2021
dated 21.01.2021 has been registered by P.S Swaroop Nagar Delhi
under section 420/409/467/468/471/120B IPC.
e. That the investigating agency has registered the FIR no. 29/2021
against the Petitioners and the True copy of FIR no.0029/2021,
P.S. Swaroop Nagar, Delhi dated 21.01.2021.
f. That since the disputes amongst the parties was commercial as
such the parties with big heart and open mind started discussion to
resolve all the disputes in the business and proposals were
exchanged for settlement with the help of close friends and were
agreed without prejudice to their respective rights contentions to
forged the disputes between them
g. That on 29.07.2021, Petitioners were arrested by the Investigating
Officer, Delhi and the petitioners were sent to the Judicial custody.
h. That there is no case against the state, this was a dispute between
two companies, petitioner’s company and respondent’s company
and after endeavoring to understand the real motives of the
Respondent and trying to reach a common ground, the Petitioners
no 1, 2 and 3 and the respondents entered in the settlement
agreement in the month of April, 2022.
i. That during the Judicial Custody, the parties reached the settlement
agreement dated April, 2022 after mutual discussions and the
settlement was duly executed in the presence of Counsels of the
respective parties. The signed settlement between the parties is
annexed hereto as Annexure P-3 (Colly).
j. That during investigation the only allegations that survive were
regarding the mis-utilization of the company money, which has
been made good by the petitioners in terms of the settlement
agreement.
k. The Petitioners were granted Regular Bail in lieu of the settlement
agreement executed between the Parties and the Bail order of the
date 21.02.2022 is annexed hereto as Annexure P-4 (Colly).
l. That a full and final settlement has been drawn between the parties
via order dated 09.10.2021 and on 22.05.2023 complete disputes in
all respect relating to the Monetary transactions and other issues
have been resolved between the party’s settlement agreement dated
22.05.2023 annexed hereto as Annexure P-5(Colly). Original copy
of full and final settlement agreement has reduced in writing as
follows:
i. When ICICI BANK account was opened and handed over
it was 0 balance and while handing over back it to the s
econd Party the same bank account had Rs. 198,00,000
balance the second party accepted the said amount of Rs.
198,00,000 against the present settlement.
ii. A Bank Guarantee of Rs.2, 35,00,000was also handed
over to Second Party from First Party against the present
settlement.
iii. The first party acknowledged the handover of business
related to Chhattisgarh 112 and Ericsson to the 2 nd Party
and undertake not to raise any dispute or claim in respect
to the operation of these 2 projects.
m. That all the disputed between the Petitioners and the Respondent
stood settled and both the parties agree that no dispute or claim
remains pending between the parties. The Petitioner and
Respondent has done the settlement agreement out of their free will
and without any pressure or coercion of any nature whatsoever and
after consultation with their advisors and friends.
3. THAT THE RELIEFS UNDER THE PRESENT PETITION ARE
BEING SOUGHT ON THE FOLLOWING GROUNDS:
a. Because the all the disputes between have been settled between the
parties as per the settlement agreement April, 2022 and a full and
final settlement dated 22.05.2023 has been arrived at and it was
duly executed by the parties to this Petition except the State as such
there is no remote of chance of conviction in the present FIR as
such the same is liable to be quashed.
b. Because this Hon’ble Court have the inherent powers to quash FIR
and all the subsequent proceedings, if this Hon’ble Court finds that
continuance of such proceedings would be an abuse of the process
of the court and prosecution could secure conviction of accused
person and further to meet ends of justice require the criminal
proceedings to be quashed.
c. Because as per the settled law by the Hon’ble Supreme Court in the
Gian Singh (Supra) has held as under:
“But the criminal cases having overwhelmingly and
predominatingly civil flavour stand on different footing for the
purposes of quashing, particularly the offences arising from
commercial, financial, mercantile, civil, partnership or such like
transactions or the offences arising out of matrimony relating to
dowry etc. or the family disputes where the wrong is basically
private or personnel in nature and the parties have resolved their
entire dispute In this category of cases, High Court may quash
criminal proceedings if in its view, because of the compromise
between the offender and victim, the possibility of conviction is
remote and bleak and continuation of criminal case would put
accused to great oppression and prejudice and extreme injustice
would be caused to him by not quashing the criminal case despite
full and complete settlement and compromise with the victim. In
other words, the High Court must consider whether it would be
unfair or contrary to the interest of justice to continue with the
criminal proceeding or continuation of the criminal proceeding
would tantamount to abuse of process of law despite settlement and
compromise between the victim and wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put
to an end and if the answer to the above question(s) is in
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceedings.
d. Because in the present case Chargesheet has not been filed yet and
present case is at the initial stage as per the settlement agreement
executed between the parties and now no useful purpose would be
achieved by prosecution.
e. Because as per the guidelines set by Hon’ble Apex Court for
quashing the FIR as under:
“(II) When the parties have reached the settlement and on that basis
petition for quashing the criminal proceedings is filed, the guiding
factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any Court.
While exercising the power the High Court is to form an
opinion on either of the aforesaid two objectives.
(iii) Such a power is not be exercised in those prosecutions which
involve heinous and serious offences of mental depravity or
offences like murder, rape, dacoity, etc. Such offences are
not private in nature and have a serious impact on society.
Similarly, for offences alleged to have been committed
under special statute like the Prevention of Corruption Act or
the offences committed by Public Servants while working in
that capacity are not to be quashed merely on the basis of
compromise between the victim and the offender.
(iv) On the other, those criminal cases having overwhelmingly
and pre-dominantly civil character, particularly those arising
out of commercial transactions or arising out of matrimonial
relationship or family disputes should be quashed when the
parties have resolved their entire disputes among themselves.
(v) While exercising its powers, the High Court is to examine as
to whether the possibility of conviction is remote and bleak
and continuation of criminal cases would put the accused to
great oppression and prejudice and extreme injustice would
be caused to him by not quashing the criminal cases.
(vi) Because Petitioners are fulfilling all the guidelines set out by
the Hon’ble Apex Court and meet all the ingredients setout
therein squarely as such the present petition is liable to be
accepted and FIR no. 29/2021. P.S. Swaroop Nagar U/S
420/409/467/468/471/120B is liable to be quashed.
f. Because Criminal cases involving offences which arise from
commercial, financial, mercantile, partnership or similar
transactions with an essentially civil flavour may in appropriate
situations fall for quashing where parties have settled the dispute.
g. Because as per the settled law by the Hon’ble Apex Court that in
such a case, the High Court may quash the criminal proceeding, if,
in view of the compromise between the disputants, the possibility
of a conviction is remote and the continuation of a criminal
proceeding would cause oppression and prejudice.
h. Because there is no statutory bar under any provision of Cr.P.C
which could affect the inherent powers of this Hon’ble Court under
article 226 of the Constitution of India read with Section 482
Cr.P.C. Furthermore, the same cannot be limited to matrimonial
disputes only and the court has wide power to quash criminal
proceedings even in non-compoundable offences notwithstanding
the bar under Section 320 Cr.PC.
i. Because the powers of the Hon’ble High Court under article 226 of
the Constitution of India Section 482 Cr.PC are plenary in nature
and those powers are not fettered or unbribbled by any provisions
of Cr.P.C.
j. Because the Petitioners are law abiding citizens of the country and
have no bad antecedents to their name.
k. Because there exists no prima facie case against the applicant or
any reasonable ground to believe that the Petitioners have taken
part in a commission the offences.
4. That the Petitioners craves leave of this Hon’ble Court to urge such
further additional grounds (s), at the time of hearing of this petition,
which has been specifically taken up in this petition.
5. That the Petitioners have no alternative and efficacious remedy except to
approach this Hon’ble court for seeking relief claimed in the petition.
6. That the Petitioner have not filed any other similar petition seeking
quashing of complainant case in question either before this Hon’ble Court
or before the Hon’ble Supreme Court of India.
7. That the present petition is being made bona-fide and in the interests of
justice.
PRAYER
In view of the submissions made hereinabove, it is most respectfully prayed that this
Hon’ble Court may graciously be pleased to: -
(i) Quash the FIR No 29/2021 U/S 409,420,467,468,471,120B of the IPC registered
at P.S Swaroop Nagar, Delhi on the basis of settlement as annexed as annexure
P-1.
(ii) Pass any other or further order which this Hon’ble Court may deem fit and
proper in the interest of justice.
PETITIONER
NEW DELHI
THROUGH
DATED:
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT (ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
NEW DELHI – 110017
Email id: Sralegal5152@gmail.com
8130668896, 9968058236
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRL.M.C NO._____/2023
IN THE MATTER OF:
VIKAS DHULL AND OTHERS …. PETITIONERS
VERSUS
STATE OF NCT DELHI & ANR. …. RESPONDENT
APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION
482 OF THE CR.P.C. FOR STAY OF THE INVESTIGATION IN FIR
NO. 29/2021 UNDER SECTION 409,420,467,468,471,120B READ WITH
SECTION 120-B IPC REGISTERED AT PS SWAROOP NAGAR DELHI.
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner has filed the accompanying petition under article 226 of
the constitution of India read with Section 482 of the Cr.P.C. for quashing
of FIR No.0029/2021 under Section 409,420,467,468,471,120B read with
Section 120-B IPC registered at PS Swaroop Nagar, Delhi. The contents of
the petition are not being repeated herein for the sake of brevity and the
same may please read as if forming part and parcel of the present
application.
2. That the settlement between the parties has been arrived at and acted upon
parties relating to their business activities and now they are looking
forward to re-start the work jointly together and had forged all the
misunderstanding. The c present case is fall in all the parameter set out by
the Hon’ble Apex Court and followed by the various Hon’ble High Courts.
Hence, FIR No. 29/2021 P.S – Swaroop Nagar, Delhi is liable to be
quashed in the interest of justice.
3. That in present case Charge sheet has not been filed at and as such the
matter is in very initial stage and no prejudice would cause, if the
proceeding may be sated by this Hon’ble Court in FIR no. 29/2021, P.S
Swaroop Nagar-Delhi.
4. That the present application is being moved in the interest of justice.
5. That the Applicant would suffer irreparable loss and injury in case the
prayer made herein is not allowed by the Hon’ble Court, however, no
prejudice would be caused to the Respondent No.2
PRAYER
In view of the submissions made hereinabove, it is most respectfully prayed that
this Hon’ble Court may graciously be pleased to: -
(i) Stay the investigation case FIR No. 29/2021 under Section
409,420,467,468,471,120B read with Section 120-B of the IPC registered
at P.S Swaroop Nagar, Delhi till the final disposal of the present petition;
(ii) Pass any other or further order which this Hon’ble Court may deem fit
and proper in the interest of justice.
PETITIONER
NEW DELHI
THROUGH
DATED:
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT (ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
NEW DELHI – 110017
Email id: Sralegal5152@gmail.com
8130668896, 9968058236
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION (CRL.) NO. _____/2023
IN THE MATTER OF:
VIKAS DHULL AND OTHERS …. PETITIONERS
VERSUS
STATE OF NCT DELHI & ANR. …. RESPONDENT
APPLICATION UNDER SECTION 482 CR.P.C. FOR EXEMPTION
FROM FILING OFFICIAL TRUE/CERTIFIED COPIES OF THE
DOCUMENTS.
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner has filed the accompanying petition under article 226
of the constitution of India read with Section 482 of the Cr.P.C. for
quashing of FIR No.0029/2021 under Section 409,420,467,468,471,120B
read with Section 120-B IPC registered at PS Swaroop Nagar, Delhi. The
contents of the petition are not being repeated herein for the sake of
brevity and the same may please read as if forming part and parcel of the
present application.
2. That the Petitioner has preferred the accompanying petition on urgent
basis and have annexed certain annexures, however, the copies of the
same are true copies of the annexures and the certified copies/official true
typed copies/official true typed copies are not available for filing the
same with the present Petition.
3. That the Petitioner undertakes to file the official true typed
copies/certified copies of the annexures as and when directed by this
Hon’ble Court or as and when the same is made available to the
petitioner.
4. That in case the present application is not allowed and the accompanying
petition is not entertained without the official true typed/certified copies
of the Annexures, the petitioner shall suffer irreparable loss and injury.
PRAYER
It is therefore, most respectfully prayed that in the interest of justice this
Hon’ble Court may kindly be pleased to exempt the Petitioner from filing
the official true typed/certified copies of the annexures annexed with the
accompanying petition, in the interest and furtherance of justice.
Any other/further relief may also be granted in favour of the petitioner as
this Hon’ble court may deem fit and proper in the facts and circumstances
of the case and in the interest of justice.
It is prayed accordingly.
NEW DELHI
THROUGH
DATED:
HITESH KUMAR, YATIKA CHOUDHARY
& SURAJ RAWAT (ADVOCATES)
CH N0 – 317, LAWYERS BLOCK
SAKET COURT COMPLEX,
NEW DELHI – 110017
Email id: Sralegal5152@gmail.com
8130668896, 9968058236
