IN THE COURT OF MS.
SURBHI, JMFC-02 (MAHILA COURTS),
DISTRICT SOUTH-WEST, DWARKA COURTS, DELHI
MC CASE NO. 999 OF 2023
IN THE MATTER OF:
SMT. HEMA GAHTORI …COMPLAINANT
VERSUS
SH. SANJAY KUMAR GAHTORI …RESPONDENT
P.S: PALAM VILLAGE
INDEX
S.NO PARTICULARS PAGE NO.
1. APPLICATION UNDER SECTION 379 BNSS ON
BEHALF OF THE APPLICANT/ RESPONDENT
ALONG WITH SUPPORITNG AFFIDAVIT.
RESPONDENT
THROUGH
ARUN VARMA AND SAURABH
ADVOCATES
AT: 921, WESTEND MALL,
DATED: 06/03/2025 JANAKPURI, NEW DELHI-110058
NEW DELHI MOB: 7678506717/ 8130789810
IN THE COURT OF MS. SURBHI, JMFC-02 (MAHILA COURTS),
DISTRICT SOUTH-WEST, DWARKA COURTS, DELHI
MC CASE NO. 999 OF 2023
IN THE MATTER OF:
SMT. HEMA GAHTORI …COMPLAINANT
VERSUS
SH. SANJAY KUMAR GAHTORI …RESPONDENT
P.S: PALAM VILLAGE
APPLICATION ON BEHALF OF RESPONDENT UNDER SECTION 379
OF BNSS FOR FALSE STATEMENT.
MOST RESPECTFULLY SHOWETH:
1. That above mentioned case is pending adjudication and determination
before this Hon’ble Court and fixed next of hearing on 10/03/2025 for
order on the interim maintenance.
2. That while filing the the present application is being filed under section
379 of BNSS to the Hon’ble Court for initiating proceedings u/s 215 of
BNSS against complainant who made false statements and suppressed
evidence while submitting information on ‘decision making process’,
‘offsets’, & ‘pricing’ pursuant to Orders of this Hon’ble Court in MC
Case No. 999 of 2023 and thereby committed offences u/s 229 of BNS.
3. That the respondent is a law-abiding citizen and has been wrongly
implicated in the present case by the petitioner with mala fide intent to
harass and harm the reputation of the respondent.
4. That the petitioner has falsely alleged the commission of an offence
under Section 379 of the BNSS, which pertains to the offence of theft,
without any credible evidence or justification.
5. That the respondent is innocent and has not committed any act that
constitutes an offence under Section 379 of BNSS.
6. That the allegations made by the petitioner are frivolous, baseless, and
intended to misuse the process of law to gain undue advantage over the
respondent.
7. That the respondent seeks protection from any coercive action and prays
for relief from this Hon'ble Court in the interest of justice.
PRAYER
In view of the aforesaid facts and circumstances, it is most respectfully
prayed that this Hon’ble Court may be pleased to:
a) PROSECUTE THE Complainant the false and frivolous allegations made
under Section 379 of BNSS against the respondent.
b) Grant any appropriate relief deemed just and proper in favor of the
respondent.
c) Pass such other and further orders as may be necessary in the interest of
justice and for this act of kindness, the respondent as in duty bound shall ever
pray.
RESPONDENT
THROUGH
ARUN VARMA AND SAURABH
ADVOCATES
AT: 921, WESTEND MALL,
DATED: 06/03/2025 JANAKPURI, NEW DELHI-110058
NEW DELHI MOB: 7678506717/ 8130789810
IN THE COURT OF MS. SURBHI, JMFC-02 (MAHILA COURTS),
DISTRICT SOUTH-WEST, DWARKA COURTS, DELHI
MC CASE NO. 999 OF 2023
IN THE MATTER OF:
SMT. HEMA GAHTORI …COMPLAINANT
VERSUS
SH. SANJAY KUMAR GAHTORI …RESPONDENT
P.S: PALAM VILLAGE
AFFIDAVIT
I, SHRI.SANJAY KUMAR GAHTORI aged about 40 years W/o Sh. Arun
Khanna R/o C-3, 176, Ist Floor, Janakpuri, New Delhi-110058, do hereby
solemnly affirm as under: -
1. That I am the applicant/ respondent in the above said matter and I am
fully conversant with the facts and circumstances of the present matter as
I am competent to swear this affidavit.
2. That the present reply is made by my counsel and I have understood all
the contents in a vernacular language. I state that all the averments made
therein are true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION:
Verified at New Delhi on this date of MARCH, 2025, that the contents
of the above affidavit are true and correct and best of my knowledge and belief.
No part of this affidavit is false and nothing material has been concealed
therefrom.
DEPONENT
