An Up High Court 1

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

Criml Misc [M] No

of 2008

Shri Shyam Sunder Gupta & Others ………….Petitioners Vs State & Another …………..Respondents INDEX Srno 1 2 3 4 5

Particulars Court Fee Letter of service Memo of parties Urgent application List of dates & Events Petition under

6

section 482 CrPC Affidavit in support

7

of the above Affidavit filed by Smt Vaishali Aggarwal

8

respondent no 2 Copy of the Joint Statement First Motion dated

9

30/1/2006 Copy of the Joint Statement Second Motion dated

10

30/5/2006 Copy of the FIR dated

11

17/6/2000 Fair copy of the above FIR

Pages

12

Copy of the Charge

13

sheet Fair Copy of the

14

Charge sheet Vakalatnama

Dated

. .2008

Advocate for petitioners

Letter of Service Dated

To Smt Vaishali Aggarwal D-79 AMAR COLONY LAJPAT NAGAR DELHI

Madam, I am filing the above mentioned Criminal Misc [M] which is likely to come up for hearing tomorrow or any other day hereafter . Please find enclosed copy of the appeal application , along with affidavit , Annexures . Kindly acknowledged the receipt and ensure your presence on the date of hearing. Thanking You Delhi Yours Truly

Dated

.2008 Advocate

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Criml Misc [M] No Shri Shyam Sunder Gupta & Others

of 2008

……….Petitioners Vs State & Another ……..Respondents

Memo Of Parties 1.

Shri Shyam Sunder Gupta S/o Shri Anand Parkash Gupta

2.

Shri Anand Parkash Gupta S/o Late Shri Mangat Ram Gupta

3.

Smt Vimla Devi Gupta W/o Anand Parkash Gupta All Resident of 97- D Kamla Nagar Delhi 110007. ……………Petitioners VERSUS

I

STATE

2

Smt Vaishali Aggarwal D/o Shri Hari Om Aggarwal Permanent resident of Amrohra Gate Miya Sahib ki gali Police Station Kotwali, District Moradabad (U.P.) At present residents of D-79Amar Colony,Lajpat Nagar, New Delhi. ………….Respondents ADVOCATE FOR PETITIONERS

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Criml Misc [M] No Shri Shyam Sunder Gupta & Others

of 2008

……….Petitioners Vs State & Another …………..Respondents

Urgent application To The Registrar Allahabad High Court Allahabad (U.P.) .

RESPECTFULLULLY SHOWETH Kindly treat the accompanying application under section 482 CrPC as urgent. The grounds of urgency are as under:

Future prospects of the parties are being delayed .

Dated

/2008 Advocate for the petitioners

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Criml Misc [M] No Shri Shyam Sunder Gupta & Others

of 2008

………….Petitioners Vs State & Another …………..Respondents

LIST OF DATES AND EVENTS Sr No

Date

Events

1 2 3

2.7.98 22.12.98 17.6.2000

Marriage was held Living separately till date F.I.R. NO 64/2000 with Mahila Thana, Moradabad

4

10.10.2000

Charge sheet Filed by Investigating officer in the court of

5

1.12.2000

CJM Pending Criminal Case no 2429/2000 Regd. with C.J.M. Moradabad under section 323/506/ 498-A IPC filed

6

24.11.2005

Mutual Settlement of all the Civil & Criminal Cases against each other and Petition for Divorce by Mutual consent was filed in the court of ADJ, Delhi .

7 8

30.1.2006 31.05.2006

Joint Statement ( First Motion) Joint Statement (Second Motion )

Advocate for the Petitioners

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Criml Misc [M] No

1.

Shri Shyam Sunder Gupta S/o Shri Anand Parkash Gupta

2.

Shri Anand Parkash Gupta

of 2008

S/o Late Shri Mangat Ram Gupta Smt Vimla Devi Gupta W/o Anand Parkash Gupta

3.

All Residents of 97- D Kamla Nagar Delhi 110007.

……………Petitioners VERSUS I

STATE

2

Smt Vaishali Aggarwal D/o Shri Hari Om Aggarwal Permanent resident of Amrohra Gate Miya Sahib ki gali Police Station Kotwali, District Moradabad (U.P.) At present resident of D-79Amar Colony, Lajpat Nagar, New Delhi.

…………….Respondents

( Petition under section 482 Cr.P.C. for quashing F.I.R NO 64/2000 (Case No 2429/2000 ACJM Moradabad) Mahila Thana Moradabad U/s 323/506/ 498 A IPC ) RESPECTFULLY SHOWETH 1.

That the petitioner no 1 was married to

respondent no 2 on 2/7/1998 at Lajpat Nagar Community

Centre Delhi according to Hindu rites , ceremonies and customs. It was a arranged marriage . A. That a female child namely Adya was born on April 27th 1999

out of this wedlock and is in the care and custody of Smt Vaishali Aggarwal. 2. The petitioner and the respondent no 2 could not pull on

together due to bitter and irreconcilable differences since 22/12/1998 . 3. That on the basis of complaint filed by respondent no 2 an

FIR NO 64/2000 under section 323/506//498-A 1PC dated 17.06.2006 was registered with Mahila Thana , Moradabad (U.P.) against the petitioners. . Thereafter a charge sheet was submitted on 10.10.2000 by the investigating officer in the court of Chief Judicial Magistrate , Moradabad and a criminal case no 2429/2000 under section 323/506/498-A I.P.C is pending

in the

court

of

Chief Judicial Magistrate,

Moradabad on the basis of that chargesheet . 4. The matter was settled in the court of ADJ ,Delhi during

the trial of the case as the matter was amicably settled between the parties . The terms of the mutual settlement are as under : A. That the respondent no 2 has settled all her disputes with

regard to her dowry articles , istridhan ,jewellry belonging to her with the petitioner no 1 for a total sum of Rs 4.5 Lacs . That the petitioner no 1 & respondent no 2 filed the joint petition for divorce HMA NO 1164/2005 . First Motion statement was recorded on 30.1.2006 and a sum of Rs 50,000[ Fifty Thousand rupees Only ] was received by respondent no 2 from the petitioner no 1

in terms of settlement. The

remaining sum of Rs 4,00,000/= is lying in the form of bank draft in the court of Ms Nivedita Shartma ADJ, DELHI. That

Second motion statement was recorded on 30.5.2006 . The respondent no 2 will receive Bank draft of 4,00000 [Four lac rupees Only] deposited in the court of Additional District Judge ,Delhi for all her claim of dowry , maintenance etc after quashing/dropping of FIR NO 64/2000. Apart from the said sum , the respondent no 2 has also received all her belongings from the petitioner no 1 . After receiving aforesaid sum of Rs. 4,50,000 , the respondent no 2 has left with no claim against the petitioner no

1

or

his parents of any nature

Whatsoever claim against each other and against their family members . B. That all the disputes between the parties have been mutually

settled and none of the parties have any claim against each other and against their family members. C. That the parties undertake that they shall not file any case ,

complaint or petition civil or criminal against each other or involving their family members of any nature whatsoever in future . If any complaint or case has been filed is / being filed by any of the party against each other , the same shall be deemed to be withdrawn . D. That the respondent no 2 undertakes that she will not claim any right , title or interest in any properties of the petitioner no 1 in future . E. That the respondent no 2 undertakes that she will assist and

cooperate with petitioner no 1 in getting the aforesaid FIR /Case quashed/dropped before the Honble High Court of Allahabad.

5. That the respondent no 2 undertook in terms of the aforesaid

settlement

to withdraw case no 2429/2000 arising out of the

F.l.R no 64/2000 Under section 323/506/498-A l.P.C of Police Station Mahila Thana Moradabad against the petitioners and to extend all co operation for getting the present Case/F.I.R quashed/dropped

from

this

Hon'ble

High

Court

of

Allahabad . The respondent no 2 has also given undertaking to this effect to the court of Smt Nivedita Anil Sharma , A.D.J, DELHI. . 6. That

in the facts and circumstances of the case , the

continuance of the criminal proceedings in the case 2429/2000 arising out of F.l.R NO 64/2000 Mahila Thana, Moradabad would be an abuse of the process of the court. The ends of justice require that the criminal proceedings be dropped and quashed . 7. That the petitioners have not filed any other petition in any High court or Supreme Court of India .

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

may graciously be pleased to

quash the impunged

charge sheet dated 10.10.2000 submitted by the investigating officer in the court in case no 2429 of 2000 (Smt Vaishali Aggarwal v/s Shyam Sunder and others ) 498-A , 323 , 506 Police Station arising

under section

I.P.C. and 3/ 4 of Dowery Prohibition ,

Mahila Thana

out of case crime

District Moradabad (U.P.) no 64 of 2000.Otherwise

applicants shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the aforesaid case , during the pendancy of present application before this Hon'ble Court. And/or pass such order and further order which this

Hon'ble Court may deem fit and proper under the circumstance of the present

case so that justice may be done with the

applicants

(Shri Shyam Sunder Gupta ) ( Shri Anand Parkash ) ( Mrs Vimla Devi ) Delhi

/2008

Dated

PETITIONERS

Through

ADVOCATE FOR PETITIONERS

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Criml Misc [M] No

of 2008

Shri Shyam Sunder Gupta & Others ………….Petitioners Vs State & Another …………..Respondents

AFFIDAVIT I, Shyam Sunder Gupta S/o Shri Anand Parkash Gupta , R/o 97-D Kamla Nagar Delhi-110007 , aged 38 Years , do hereby solemnly affirm and state as under : That the accompanying petition under section 482 CrPC has been drafted by my counsel under my instructions and after going through the same the deponent say that the same is correct and has not been reproduced for the sake of brevity and in order to avoid repetition. Dated

/2008 Deponent

Verification Verified at Delhi on this … day of

2008 that the contents

of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom .

Deponent IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Criml Misc [M] No

of 2008

Shri Shyam Sunder Gupta & Others ………….Petitioners

Vs State & Another …………..Respondents

AFFIDAVIT I, Vaishali Aggarwal D/o Shri Hari Om Aggarwal aged 40 years, R/o D-79 Amar Colony, New Delhi09, do hereby solemnly affirm and state as under :1. That the marriage was solemnized between the deponent and

Shri Shyam Sunder Gupta, Petitioner No. I on 2.7.1998 at Lajpat Nagar Community Centre,

Delhi according

to

Hindu rites and ceremonies. 2. That due to temperamental difference and dislikings the

deponent and the Petitioner No. 1 could not lead a happy married Life. Both the parties are living separately since 22.12.1998. Despite efforts made for reconciliation, the conciliation could not be arrived at.

3. Both the parties filed joint petition for grant of decree of

divorce by mutual consent of the H.M. Act.

The Divorce

petition is pending in the Court of Smt Nivedita Anil Sharma ADJ , Delhi. 4. That the deponent has filed a complaint on the basis of that

complaint FIR NO 64/2000 under section 323/506//498-A 1PC dated 17.06.2006 was registered with Mahila Thana , Moradabad against the petitioners. . That after completing the investigation of the case the investigating officer submitted

the

charge sheet

against Shyam Sunder and others

10.10.2000 . On the basis of that Chargesheet

case

on no

2429/2000 under section 323/506/498-A I.P.C is under trial in the court of Chief Judicial Magistrate, Moradabad . 5. That during the trial of the case in the court of ADJ, Delhi a

settlement was arrived at between the parties . In terms of which the joint statements of deponent was recorded and further the deponent has received a sum of Rs. 50,000/- at the time of first motion and shall receive Bank draft of 4,00,000 lying in the court of Ms Navidita Sharma ADJ , Delhi for all her claims with regard lo dowry, istridhan and present, past and future maintenance etc. After quashing/dropping of FIR NO 64/2000 (Case No 2429/2000)

6. That the deponent has also received all her belongings from her husband and her in-laws. The deponent is now left with no claim against her husband and in-laws. 7. The deponent has given undertaking to the Court of Smt

Nivedita Anil Sharma, A.D.J., Delhi that the deponent will assist and cooperate in getting the FIR quashed from the Hon'ble High Court of Allahabad. 8. That the deponent in terms of her undertaking is filing the

present Affidavit and states that the deponent has no objection if the Case No. 2429/2000 under Section 323/506/498 A IPC in the court of CJM , Moradabad arising out of FIR NO 64/2000 registered with Mahila Thana Moradabad on 17.6.2000

under

Section

323/506/498

A

IPC

quashed/dropped.

DEPONENT

is

Delhi Dated

December, 2007

VERIFICATION Verified at Delhi on this

day of December, 2007 that the

contents of the above Affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT