IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI

CRIMINAL M. C. NO. _________/2024

IN THE MATTER OF:
SANTOSH KUMAR &ANR ………PETITIONER
VERSUS
STATE OF NCT OF DELHI & ORS ……RESPONDENT

INDEX
S. NO. PARTICULARS PAGE NO.
1. Court Fees
2. Urgent Application
3. Notice of Motion with proof of service
4. List and dates and Events
5. Memo of Parties
6. Petition U/s 482 of CrPC for Quashing of FIR
no. 786/2021, U/s 325/341/34 IPC, PS Nihal
Vihar and consequential proceedings along with
affidavit
7. ANNEXURE-P-1(Colly)
A copy of FIR no. 786/2021 and FIR no.
784/21 PS-Nihal Vihar and its English-
translated copy
8. ANNEXURE-P-2
Copy of Challan/Final Report alongwith its true
typed copy
9. ANNEXURE-P-3
Original settlement deed dated 29.10.2023
between the petitioners and the Ankit Dalal @
Jugnu, Adesh@Bittu and Chanchal
10. ANNEXURE-P-4
Death certificate of late Sh. Chanchal
alongwith its English translated Copy
 11. ANNEXURE-P-5 (COLLY):
Copy of the adhar card of the mother and the
wife of the complainant late Sh. Chanchal
alongwith its English translated copy
12. ANNEXURE-P-6 (COLLY)
Affidavits of the mother and the wife of the
complainant namely Late Sh. Chanchal.
13. Application under section 482 Cr.P.C. seeking
exemption from filing the certified copy of the
annexures.
14. VAKALATNAMA OF THE PETITIONERS

15. VAKALATNAMA OF THE RESPONDENTS

NOTE: The present petition is connected with the matter namely

Ankit @Jagnu vs. State and Anr in FIR no.784/21, PS-Nihal Vihar. Both
the matter was filed simultaneously. Kindly list both the connected
matters before the same Hon’ble Bench for the same day.

PETITIONERS
Through
Counsel
MS. DIPIKA
ABHISHEK SHARMA
Advocate for the PETITIONERS
L-5, KL Sharma Block,
Tis Hazari, Delhi-110054
Email- bhartiabhishek2020@gmail.com
NEW DELHI/ Mob: 9557207850
 IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI
CRIMINAL M. C. NO. _________/2024
IN THE MATTER OF:
SANTOSH KUMAR & ANR ……PETITIONER
VERSUS
STATE OF NCT OF DELHI AND ORS ……RESPONDENTS

URGENT APPLICATION
To,
The Registrar,
Delhi High Court,
New Delhi
Sir,
Kindly treat the accompanying Petition U/s 482 of CrPC as urgent
as per High Court Rules and orders. The urgency is that:
“QUASHING OF THE F.I.R. No. 0786/2021, P.S. NIHAL VIHAR
AND CONSEQUENTIAL PROCEEDINGS ARE PRAYED FOR”

Counsel
MS. DIPIKA
ABHISHEK SHARMA
Advocate for the PETITIONERS
L-5, KL Sharma Block,
Tis Hazari, Delhi-110054
Email- bhartiabhishek2020@gmail.com
NEW DELHI/ Mob: 9557207850
 IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI
CRIMINAL M. C. NO. _________/2024
IN THE MATTER OF:
SANTOSH KUMAR & ANR ………PETITIONER
VERSUS
STATE OF NCT OF DELHI &ORS ……RESPONDENTS
NOTICE OF MOTION
The Standing Counsel
Govt. of N.C.T. of Delhi
Delhi High Court,
New Delhi

Sir,
Kindly take notice that the accompanying Petition is likely to be
listed before the Hon’ble Court on …. May 2024 for hearing. Copy of the
petition and annexures are annexed herewith for your kind perusal and
consideration.
PETITIONERS
Through
Counsel
MS. DIPIKA
ABHISHEK SHARMA
Advocate for the PETITIONERS
L-5, KL Sharma Block,
Tis Hazari, Delhi-110054
Email- bhartiabhishek2020@gmail.com
NEW DELHI/ Mob: 9557207850
 LIST OF DATES AND EVENTS

14.07.2021 That a quarrel took place between the Petitioners and

the Respondent and his friends on the shop of the
petitioner as the respondent and his friend
Ankit@Jugnu and Adesh Kumar @ Bittu came to the
shop demanding payment against the alleged supply
of gas to the petitioner ‘shop.

15.07.2021 That on the complaint of the petitioner no.2, police

registered a FIR no. 784/21, PS-Nihal Vihar u/s
323,342,452,506,34 IPC against the accused
Ankit@jugnu, Adesh Kumar @Bittu and Chanchal. The
Respondent Chanchal (Now Deceased) had also lodged
a FIR No. 786/2021 under section 325/341/34 IPC at
P.S. Nihal Vihar against the Petitioners /accused.

15.07.2021 That the Petitioners Santosh Kumar and Surender

Baghel were arrested by the police in the FIR no.
786/2021, lodged on behalf of the Respondent Chanchal
(Now deceased). The police released both the accused
persons on the same day.

29.10.2023 That during the pendency of litigation the

Petitioners/accused and the Respondent and his friends’
family members sat together and agreed to settle the
disputes and differences with each other as both the
parties have business relations and reside in the same
locality. That the Respondent Chanchal Rana (Now
deceased) agreed to co-operate the Petitioners in
 support of the petition for quashing of the FIR lodged
by him. In this respect, on 29/10/2023 a compromise
deed was executed by the petitioners and the respondent
and his friends Ankit @Jugnu and Adesh Kumar
@Bittu.

07.11.2023 That unfortunately, the Respondent (Chanchal ) died by

committing suicide. As the respondent wanted to settle
the dispute and he had signed the compromise deed in
this regard. His family members i.e. his mother and
wife as per his wishes are willing to cooperate to move
the present petition to quash the present FIR against the
accused persons.

07.06.2024 Police subsequently filed the challan/final report under

the FIR no. 786/21 and FIR784/21, PS: Nihal Vihar
before the Ld. Magistrate, West, Tis Hazari Court. Both
the criminal proceedings Cr. Case/5463/2022 titled
State vs. Santosh Kumar etc and Cr. Cases/6084/2023
titled State vs. Ankit @ Jugnu are pending before the
LD.trial court of Shri P. Bhargav Rao, Magistrate,
West, Tis Hazari Court And the next date of hearing is
07,July,2024.

May, 2024 Hence the present petition.

 IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI
CRIMINAL M. C. NO. _________/2024
IN THE MATTER OF:
SANTOSH KUMAR & ORS ………PETITIONER
VERSUS
STATE OF NCT OF DELHI & ORS ……RESPONDENT

MEMO OF PARTIES

1. SH. SANTOSH KUMAR

S/O KARAN SINGH
R/O- 45, GRAM GANNAIRA,
VILLAGE-JANORA, TEHSIL ATER
BHIND, MADHYA PRADESH-477001

2. SH. SURENDER BAGHEL

S/O RAMSWAROOP BAGHEL
R/O- RZS-177, S-BLOCK, NAGLOI JAT,
NIHAL VIHAR, OUTER DISTRICT, DELHI ……Petitioners

VERSUS
1. STATE OF NCT OF DELHI
THROUGH SHO, PS: NIHAL VIHAR
Email: dhcprosecutiondelhipolice@gmail.com

2. SMT MUNESH W/O RAJ KUMAR

3. SMT. RENU W/O- LATE CHANCHAL

BOTH ARE RESIDENT OF:
Both resi. Of: RZK-2/319, BLOCK-K2, NIHAL VIHAR,
NANGLOI JAT, WEST DELHI,
 DELHI-110041. …. Respondents

FIR NO- 0786/2021

DATED: 15/7/2021
U/S- 325/341/34
P.S.- Nihal Vihar

PRESENTED BY: -

MS. DIPIKA
ABHISHEK SHARMA
Advocate for the PETITIONERS
L-5, KL Sharma Block,
Tis Hazari, Delhi-110054
Email- bhartiabhishek2020@gmail.com
NEW DELHI/ Mob: 9557207850
 IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI

CRIMINAL M. C. NO. _________/2024

IN THE MATTER OF:
SANTOSH KUMAR & ORS ………PRTITIONER
VERSUS
STATE OF NCT OF DELHI & ORS ……RESPONDENT

FIR NO.0786/2021,
U/s: 325/341/34, IPC
PS: Nihal Vihar
CRIMINAL MISCELLANOUS CASE UNDER SECTION 482 OF
CODE OF CRIMINAL PROCEDURE, 1973 SEEKING QUASHING
OF FIR NO. 786/2021, U/s. 325/341/34 IPC, P.S. NIHAL VIHAR
AND THE PROCEEDINGS ARISING OUT OF THE
ABOVE SAID FIR AND PENDING BEFORE THE
LD.TRIAL COURT OF SH. P. BHARGAV RAO, MM, WEST, TIS
HAZARI

To,
The Hon'ble Chief Justice
And Companion Judges
Hon’ble High Court of Delhi
At New Delhi.

Most respectfully showeth:

1. That the petitioners are peace-loving and law-abiding citizens of

India and have full faith upon the administration of justice. It is
pertinent to mention here that the petitioners have been running
 shop of Sweets (Halwai) in the locality of Nihal Vihar, Delhi. The
complainant Late Chanchal and his friends namely Ankit @Jugnu
and Adesh Kumar @ Bittu are also resident of the same locality.
Ankit @Jugnu used to supply LPG gas to the shop of the Petitioner.
They had a very long business relationship and before the present
case/dispute, there was no single case/complaint/dispute by any of
the parties against each other.
2. That on 14.07.2021, Ankit @ Jugnu alongwith the complainant and
his cousin namely Adesh Kumar@ Bittu came to the shop of the
petitioner and demanded payment against the alleged supply of the
LPG and a quarrel/fight started between the petitioners and the
complainant and his friends. After the quarrel petitioner no.2 called
police and the police lodged a FIR no. 784/21, u/s
323/342/452/506/34 IPC PS-Nihal Vihar against the complainant
and his friends. The complainant also got an injury. He also called
the police at 100 and the police lodged the present FIR bearing No.
0786/2021 U/S 325/341/34 IPC, PS. Nihal Vihar, against the
petitioners named above. A copy of FIR-784/21and 786/21
alongwith its English-translated copies are enclosed herewith as
ANNEXURE P-1(Colly).

3. That under the present case, the police investigated and filed the
final report/challan before the Ld. Magistrate, Tis Hazari Court.
The challan/final report was filed in the connected FIR also and
both the criminal proceedings Cr. Case/5463/2022 titled State vs.
Santosh Kumar etc and Cr. Cases/6084/2023 titled State vs. Ankit
@ Jugnu are pending before the Ld.trial court of Shri P. Bhargav
 Rao, Magistrate, West, Tis Hazari Court And the next date of
hearing is 07,July,2024 are pending before the same Ld. Trial
Court of Sh. P Bhargav, Magistrate, west, Tis Hazari . The next
date of hearing of the pending cases is 07.06.2024. The copy of
final Report/challan U/s 173 Cr. P.C. of the present FIR bearing
No. 0786/2021 PS: Nihal Vihar, alongwith its english translated
copy is annexed herewith as Annexure P-2.

4. That during the pendancy of the litigations of parties, well-wishers

of both the parties intervened and put some effort into settling the
dispute between the parties and the parties had mutually settled and
agreed all their disputes and differences. The petitioners and the
complainant and his friends have executed a compromise deed in
this respect on 29.10.2023 The settlement deed dated 29.10.2023 is
enclosed herewith as Annexure P-3.

5. That after the compromise/settlement, the complainant had also

condoned the alleged acts of the petitioners. It is not beneficial to
destroy the harmony and social relations by pursuing the present
FIR as the petitioners and the complainant and his friends namely
Ankit @Jugnu and Adesh Kumar @Bittu are residing in the same
locality and have working relationship with each other. Both the
parties are living happily and maintaining the social relations and
harmony.

6. That according to the settlement, it has been agreed between the

parties that both the parties have condoned acts of each other.
Both the parties have resolved all their disputes and differences. It
 has been further agreed between the parties that the they will not
repeat or try to repeat or do any illegal act/incident against. It has
been further agreed that both the parties shall cooperate with each
other in quashing of the above mentioned FIR bearing
No.0784/2021 U/S 323/342/452/506/34 IPC, and FIR bearing no.
786/2021, U/s 325/341/34 IPC, PS-Nihal Vihar, and the pending
criminal proceedings against each other, which arouse out of the
said FIRs.

7. That, on 7/11/2023 unfortunately Chanchal died by committing

suicide. Before his death, he had signed the compromise. As per
his wish, mother and wife of the late Chanchal, who are arrayed
here-in as the respondent no.2 and 3, wanted to cooperate with the
petitioners in moving the present petition to quash the concerned
FIR and the resultant criminal proceeding against the petitioners.
The mother and the wife of the late Chanchal have filed their
affidavits in this regard. Copy of the death certificate of the
complainant Chanchal and Aadhar cards alongwith English
translated copy and affidavits of the mother and wife of the
complainant are annexed herewith as Annexure-P-4, Annexure P-
5(Colly) and Annexure-P-6 (Colly) respectively.

8. The petitioners, therefore, in terms of settlement arrived, are filing

the present petition for quashing of FIR lodged against them and its
consequential proceedings arising out from the said FIR. Though
the present FIR bearing no.786/2021 U/S325/341/34 IPC involves
compoundable offences, but the connected FIR bearing no. 784/21
U/S 325/342/452/506/34invloves non-compoundable offences.
 Quashing of the same is sought vide a separate petition filed
alongwith the present petition before the Hon’ble Court.

9. That in the aforesaid facts and circumstances, no fruitful purpose

will be served by prosecuting the petitioners under the present
FIR bearing No. 0786/2021 U/S 325/341/34 IPC, PS. Nihal Vihar.
Because of the development as mentioned above and in the interest
of justice the petitioners are praying for quashing of the instant FIR
and its consequential proceedings.

10. That the present petition is being filed with the consent of
petitioners and family members of the complainant.

11. That no prejudice would be caused to the prosecution if the FIR

bearing No. 0786/2021 U/s 325/341/34 IPC, PS. Nihal Vihar and its
consequential proceedings may be quashed.

12. That no similar petition has been filed before this Hon’ble Court or
the Hon’ble Supreme Court of India, for the same subject matter by
the same petitioners and respondents.

13. That the petitioners have no other equally speedy, efficacious and
exhaustive remedy, except the present petition.

PRAYER:
A. It is, therefore, most respectfully and humbly prayed that this
Hon’ble Court may be pleased to quash the FIR No. 0786/2021 PS-
Nihal Vihar, U/S 325/341/34 IPC and the consequential criminal
proceedings Cr. Case/5463/2022 titled State vs. Santosh Kumar etc
pending before the Ld. Trial Court of Sh. P. Bhargav, Rao,
Metropolitan Magistrate, West, Tis Hazari Court.
B. Any other or further order/directions, which this Hon’ble Court
deems fit and proper in the facts and circumstances of the case,
may also be passed in favour of the petitioners to meet the ends of
justice.

PETITIONERS
PRESENTED BY: -

Counsel
 IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI
CRIMINAL M. A. NO. _________/2024
In
CRIMINAL M. C. NO. _________/2024
IN THE MATTER OF:
SANTOSH KUMAR & ORS ………APPLICANT
VERSUS
STATE OF NCT OF DELHI & ORS ……RESPONDENT

APPLICATION U/S 482 Cr. P.C. FOR EXEMPTION FROM

FILING THE CERTIFIED / LEGIBLE COPIES OF
ANNEXURES………...

Hon’ble Sir,

The applicant most respectfully submits as under:

1. That the applicants have filed accompanying Petition U/s 482

CrPC, the contents of the same may be please be read as part and
parcel of this application and the same are not repeated here for
the sake of brevity and to avoid repetition.

2. That due to a shortage of time, the applicants have not received

certified/legible copies of annexures and undertake to file the
same before this Hon’ble Court immediately upon receiving the
same.
 3. That the present application is true and bonafide.

PRAYER:
It is therefore most respectfully prayed that the applicant be
exempted from filing the certified / Legible copies of Annexures
…………………… in the interest of justice.

APPLICANT
Through
Counsel
Ankit Kumar Lohan
Advocate for the Applicant
K-1, KL Sharma Block,
Tis Hazari, Delhi-110054
Email- ankit.lohan00@gmail.com
Mob: 9560237069
New Delhi
Date: