Kindly acknowledge the receipt of the accompanying petition which is being filed today in the Hon’ble High Court of Delhi and the same is likely to be listed on ___ .03.2023.
(Avinash Nandan Sharma)
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8800794128
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Lal Singh & Ors. …..Petitioners
State of NCT of Delhi & Anr. …..Respondents
High Court of Delhi
Kindly treat the accompanying petition as urgent one as per High Court Rules and Regulation. The ground of urgency is as under:-
The quashing of FIR No. 227/2009 along with its consequential proceedings before the Hon’ble Court of Metropolitan Magistrate, Patiala House Court, New Delhi as prayed for.
(Avinash Nandan Sharma)
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8800794128
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Lal Singh & Ors. …..Petitioners
State of NCT of Delhi &Anr. …..Respondents
Sultan Puri , Delhi – 110086
Parmanent R/O. Village XX,
Distt. Kaithal, Haryana.
R/o. Village- Ghaso Kalan ,
Dist. Jind, Haryana – 126116
Sultan Puri , Delhi – 110086
Versus
1. State of NCT of Delhi
Through Commissioner of Police
Police Head Quarter
IP Estate, New Delhi-110001
2. Narender Kumar
R/o. RZ, Uttam Nagar, Delhi
(Avinash Nandan Sharma)
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8800794128
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Lal Singh & Ors. …..Petitioners
State of NCT of Delhi & Anr. …..Respondents
By way of the present petition under Section 482 of the Code of Criminal Procedure, the Petitioner is approaching this Hon’ble Court for quashing of the FIR No. 227/2009, Charge sheet and all other incidental proceedings arising out of the aforesaid FIR pending as SC No. 263/2020 in the court of Sh. Harjyot Singh Bhalla , Ld. ASJ, Patiala House Court, New Delhi. The dates and events of the present case are as under:
12.12.2009 The respondent no.2 filed a Criminal Complaint Under Section 156(3) of Cr.P.C. before the Magistdrate at Patiala House Court, New Delhi for the registration of FIR against the petitioners.
22.12.2009 The FIR No. 227/2009 under Section 308/341/506/34 IPC was registered at Police Station Mandir Marg, New Delhi on the direction of the ACMM , Patiala House Court, New Delhi against the Petitioners where it has been allegedly stated that petitioners have attacked the respondent no.2 and assaulted upon him by iron rod, knife and Dandas due to which the respondent no.2 got injuries . It was alleged that petitioners restrained and threatened him too.
29.07.2010 The petitioner no.1 namely Lal Singh was arrested in the present case by the police of Mandir Marg Police Station and was produced before the Ld. MM . Patiala House Court, New Delhi and from where he was sent to Judicial Custody.
28.02.2011 The formal arrest of the petitioners no.2 & 3 was conducted by the police concerned and thereafter they were released on bail on furnishing his surety and personal bond of Rs.2000 each at PS. Mandir Marg. New Delhi.
19.05.2011 Charge Sheet by way of Challan was filed against the petitioners by I.O. Police Station Mandir Marg, before the court of Ld. MM, Patiala House Courts, New Delhi and the name of petitioner no.2 & 3 were only mentioned in column no.12 under the heading ‘Accused persons not charge sheeted’, giving reasons that not enough evidences for chargesheeting. The Hon’ble Metropolitan Magistrate toom cognizance of offence against the petitioner no.1 Lal Singh U/s. 308/341/506 of IPC.
07.08.2019 Petitioners also summoned by the Ld. MM to face trial.
11.11.2020 The case was committed for trial before the Hon’ble Court of Sessions at Patiala House Court, New Delhi.
17.09.2022 Hon’ble Trial Court framed Charges under Sections 308/34 of IPC agaisnt the petitioners.
__.03.2023 The amicable settlement arrived between the Petitioners and Respondent No.2 in the present case at Patiala House Courts, New Delhi where petitioners and respondent no.2 executed Settlement agreement / MOU with their free will and desire to end the present dispute between themselves. The respondent no.2 expressed her intention not to pursue the case before the Trial Court against the petitioners and petitioners agreed to move necessary petition for quashing of the present FIR bearing No. 227/2009 registed at PS.Mandir Marg , charge-sheet and consequential proceedings.
__.03.2023 Hence the present petition for quashing of the FIR No. 227/2009, PS. Mandir Marg , New Delhi.
13.03.2023 Next date of hearing before the Trial Court for recording of the evidence
(Avinash Nandan Sharma)
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8800794128
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Sultan Puri , Delhi – 110086
Parmanent R/O. Village NB,
Distt. Kaithal, Haryana.
R/o. Village- Ghaso Kalan ,
Dist. Jind, Haryana – 126116
Sultan Puri , Delhi – 110086
Versus
1. State of NCT of Delhi
Through Commissioner of Police
Police Head Quarter
IP Estate, New Delhi-110001
2. Narender Kumar
R/o. XY, Uttam Nagar,
THE HON’BLE CHIEF JUSTICE
AND HIS COMPANION JUSTICES OF THE
HON’BLE DELHI HIGH COURT
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MSOST RESPECTFULLY SHOWETH;-
1. The Petitioners no.1 and 3 have been residing in New Delhi for last several years and petitioner no.2 is the resident of Distt. Jind ,Haryana and they are peace loving and law abiding citizens, having no previous criminal antecedents. For the purpose of identification of the petitioners, the identity proofs the petitioners are attached herewith as ANNEXURE-A.
2. By way of the present petition under Section 482 of the Code of Criminal procedure, the Petitioners are approaching this Hon’ble Court for quashing of the above mentioned FIR No. 227/2009, Charge sheet and all other incidental proceedings arising out of the aforesaid FIR pending in the court of Sh. Harjyot Singh Bhalla , Ld. ASJ, Patiala House Court, New Delhi. Copy of the said FIR along with its fair typed and English translation is annexed herewith as ANNEXURE-B.
3. That after investigation, the police filed the charge sheet on 19. 05. 2011 against the Petitioner No.1 only, mentioning the name of Petitioner no.2 & 3 in column no.12 under the heading ‘Accused not charge sheeted’ giving the reason that not enough evidences for charge sheeting which is pending before the Ld. ASJ. Patiala House Courts, New Delhi. The certified copy of charge sheet alongwith its typed copy and English translation is annexed herewith as ANNEXURE-C.
4. That the Respondent no.1 in the present case is the State of Delhi, which is prosecuting the present case and which has registered the present FIR. The respondent No. 2 is the complainant of the present FIR, who was the neighbor of the of the petitioner no.1.
5. That the respondent no.2 does not want to pursue the present matter against the petitioners. The Identity proof of the respondent no. 2 is annexed herewith as ANNEXURE-D.
6. That the amicable settlement arrived between the Petitioners and Respondent No.2 in the present case at Patiala House Courts, New Delhi where petitioners and respondent no.2 executed Settlement agreement with their free will and intention to end the present dispute between themselves. The respondent no.2 expressed her intention not to pursue the case before the Trial Court against the petitioners and petitioners agreed to move necessary petition for quashing of the present FIR bearing No. 227/2009 registed at PS.Mandir Marg , charge-sheet and consequential proceedings. It is undertaken by the respondent no.2 that he shall appear before the Hon’ble High Court of Delhi for making necessary statement in connection with quashing of the present FIR and consequential proceedings. The copy of the Settlement Agreement dated 24.02.2023 is annexed herewith as ANNEXURE-E.
7. It is humbly submitted that the police after investigations has already filed the charge sheet in this case. The petitioner has always joined the investigation before the police, has co-operated with the investing agency, and has always honored the order of court and maintained the dignity of law.
8. It is submitted that the petitioners are socially respectable persons and that if the proceedings in the instant FIR are not quashed, the same shall create a hurdle on the future career and life of the petitioners.
9. That in view of the compromise and settlement between the parties, there is no chance of recording conviction against the petitioners and entire exercise of trial is destined to exercise in futility.
10. That the petitioner has filed no other similar petition in either the Hon’ble Supreme of India or this Hon’ble court for similar relief
In view of afore submitted facts and circumstances , it is most respectfully prayed that this Hon’ble Court may kindly be pleased to:
(i) Call for the records of the case bearing SC No. 263/2020 titled as ‘State Vs. Lal Singh & Ors.’ and quash the said case including the FIR No.227/2009, U/s 308 / 341/506/34 IPC, registered at PS. Mandir Marg and the Charge sheet filed thereto now pending trial in the court of Sh. Harjyot Singh Bhalla , Ld. ASJ, Patiala House Courts, New Delhi
(ii) Pass any other order/ direction that this Hon’ble Court may deem fit and appropriate in the present facts and circumstances of this case.
(Avinash Nandan Sharma)
Chamber No. 671, Patiala House Court
New Delhi- 1. Mob: 8800794128
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Lal Singh & Ors. …..Petitioners
State of NCT of Delhi & Anr. …..Respondents
I , Lal Singh, S/o. XA Aged about 57 years, R/o. H.No. X, Sultan Puri, Delhi – 110086 , Permanent R/o. vill. AZ, PS. Rajaund, Distt. Kaithal, Haryana, do hereby solemnly affirm and declare as under:-
1. That I am the Petitioner No.1 in the accompanying Petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.227/2009 U/S 308/341/506/34 of IPC, PS. Mandir Marg and the Charge sheet filed therein pending in the court of Sh. Harjyot Singh Bhalla , Ld. ASJ, Patiala House Courts, New Delhi.
2. That I am fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.
3. That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by my counsel under my instructions and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct to my knowledge and belief.
4. That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have not earlier filed any such or similar Petition, either in this Hon’ble Court or in the Hon’ble Supreme Court of India.
5. That the above statement of facts made therein is correct to my knowledge and belief.
VERIFICATION
Verified at New Delhi on this th day of March 2023 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.
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Lal Singh & Ors. …..Petitioners
State of NCT of Delhi &Anr. …..Respondents
I , Naresh Kumar, S/o. Sh. AB aged about 49 years, R/o. Vill. G Distt. Jind, Haryana -126116 – presently at Delhi, do hereby solemnly affirm and declare as under:-
1. That I am the Petitioner No.2 in the accompanying Petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.227/2009 U/S 308/341/506/34 of IPC, PS. Mandir Marg and the Charge sheet filed therein pending in the court of Sh. Harjyot Singh Bhalla , Ld. ASJ, Patiala House Courts, New Delhi.
2. That I am fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.
3. That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by my counsel under my instructions and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct to my knowledge and belief.
4. That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have not earlier filed any such or similar Petition, either in this Hon’ble Court or in the Hon’ble Supreme Court of India.
5. That the above statement of facts made therein is correct to my knowledge and belief.
DEPONENT
VERIFICATION
Verified at New Delhi on this th day of March 2023 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
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Lal Singh & Ors. …..Petitioners
State of NCT of Delhi &Anr. …..Respondents
I , Kapil Singh , S/o. XZ aged about 34 years, R/o. H.No.P, Sultan Puri, Delhi – 110086, do hereby solemnly affirm and declare as under:-
1. That I am the Petitioner No.3 in the accompanying Petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.227/2009 U/S 308/341/506/34 of IPC, PS. Mandir Marg and the Charge sheet filed therein pending in the court of Sh. Harjyot Singh Bhalla , Ld. ASJ,Patiala House Courts, New Delhi.
2. That I am fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.
3. That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by my counsel under my instructions and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct to my knowledge and belief.
4. That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have not earlier filed any such or similar Petition, either in this Hon’ble Court or in the Hon’ble Supreme Court of India.
5. That the above statement of facts made therein is correct to my knowledge and belief.
VERIFICATION
Verified at New Delhi on this th day of March 2023 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.
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Lal Singh & Ors. …..Petitioners
State of NCT of Delhi &Anr. …..Respondents
I , Narender Kumar S/o. Sh. AB R/o. R-3, Uttam Nagar, Delhi, do hereby solemnly affirm and declare as under:-
1. That I am the respondent No.2 in the accompanying Petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.227/2009 U/S 308/341/506/34 of IPC, PS. Mandir Marg and the Charge sheet filed therein pending in the court of Sh. Harjyot Singh Bhalla , Ld. ASJ,Patiala House Courts, New Delhi.
2. That I am the complainant in the said FIR and as such fully conversant with the facts and circumstances of the above mentioned case and am competent to swear this affidavit.
3. That the contents of the accompanying Petition under Section-482 Cr.P.C. , has been drafted by the counsel of the petitioner on the basis of the compromise between me and the petitioners in said case and the contents of the said Petition are read over to me in vernacular and I have understood the same and state on solemn affirmation that the contents thereof are true and correct to my knowledge and belief.
4. That the contents of the said Petition may kindly be read as part and parcel of this affidavit as the same are not repeated herein for the sake of brevity. That I have also duly executed the Settlement Agreement with the petitioners with my free and fair will to end the present dispute.
5. That the above statement of facts made therein is correct to my knowledge and belief.
VERIFICATION
Verified at New Delhi on this th day of March 2023 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.
CRIMINAL M.C. NO._________OF 2023
IN THE MATTER OF :
Lal Singh & Ors. …..Petitioners
State of NCT of Delhi &Anr. …..Respondents
Court Fee of Rs. 100
(Under Section 154 Cr.P.C.)
1. District: NEW DELHI PS: MANDIR MARG , YEAR: 2009 FIR No.227 Date: 22-12-2009
2. Acts(s) Section(s)
(i) IPC 1860 308/ 341/506/34
3. Occurrence of Offence:
(a) Day: Friday Date From: 04-12-2009 Date To :04-12-2009
Time Period: Time From: Time To:
(b) Information received at PS: Date: 22-12-2009 Time: 18:20 hrs
(c) General Diary Reference: Entry No.18A Time: 18:20 hrs
4. Type of Information: WRITTEN
5. Place of Occurrence:
(a) Direction and Distance from PS :East/ 1.0Km. Beat No:
(b) Address: OLD G POINT-131, KALIBARI LANE MANDIR MARG ,NEW DELHI
(c) In case outside the limit of the Police Station:
Name of PS: District :
(a) Name: NARENDER KUMAR (S/o) Mr. SH KESAR RAM
(b) Date/Year of Birth: Nationality: INDIA
(c) Passport No. Date of issue: Place of Issue
(e) Address:OLD G POINT-131, KALIBARI LANE MANDIR MARG , NEW DELHI
7. Details of Known/Suspect/Unknown accused with full particulars (attach separate sheets if necessary):
8. Reason for delay in reporting by the complainant/informant: NO DELAY
9. Particulars of the properties stolen/involved (attach separate sheet if necessary):
Sl.No. Property Type (Description) Est. Value (Rs.) Status
10. Total value of property stolen:
11. Inquest Report/U.D Case No., if any:
12. FIR contents (attaché separate sheet, if required) :
IN THE COURT OF ADDITIONAL METROPOLITAN MAGISTATE, NEW DELHI. Crl. Comp. Case No. /2009 in re, Narender Kumar S/o. Sh. Kesar Ram, R/o. Old Gee Point – 131, Kaliwadi Lane, Mandir Marg, New Delhi. Complainant Vs. 1. Lal Singh, 2.Kapil, 3.Sanjay, 4.Ajay all 1-4, R/o. Old Gee Point-130, Kaliwadi Lane, Mandir Marg, New Delhi. 5. Naresh C/o. Lal Singh R/o. Old Gee Point – 130, Kaliwari Lane, Mandir Marg, New Delhi, accused perosons U/s. 308, 341, 506, 34 IPC, PS. Mandir Marg. Complaint U/s. 156(3) Cr.P.C. for registration of FIR for the said offences committing by the above named accused persons on behalf of the complainant. Hon’be SIR, Most Respectfully Submitted as under:- 1. That the complainant is peace loving citizen of India and residing at Old G-Point-131, Kaliwadi Lane, Mandir Marg, New Delhi alongwith his other family members. 2. That the complainant is Govt. Employee and working as gardener (MAAlLI) in NDMC at Kidwai Nagar, New Delhi. 3. That the said accused persons no.1 to 4 are resident of same locality while the accused no.5 is relative of accused no.1. 4.That on 04.12.2009 at about 9.30 P.M. when the complainant was returning at his home after attending friend’s party and when the complainant got down from the bus and started to go to his house and when reached near toilet/ & SULABH SHAUCHALAYA above named accused persons were already standing there and after seeing the complainant, the said accused persons stopped the way of the complainant and accused no.1 threatened the complainant for withdrawing the case which was filed by the mother of the complainant against the accused no.1 and other persons, hearing it the complainant told that it is night time and they should talk with his mother about the same as the complainant has no concerned about the same. 5. That the accused no.1 was having Iron rod, accused no.2 was having sharp-edged weapon like knife and other accused persons were having DANDAS in their hands. 6. That the accused no.1 having malafide intention and conspiracy among the accused persons, assaulted upon the head of the complainant with IRON ROD in order to kill the complainant, accused no.2 assaulted with said knife like weapon and others accused persons assaulted with there DANDAS upon the complainant and due to witch the complainant got serious head injuries, chin injuries and other body injuries and in this incident caused by the said accused persons, the clothes of the complainant became blood stained (KHUN MEIN LATH PATH) and the blood stained clothes are still lying with the complainant and all accused persons ran away from the spot thinking that the complainant has been died, the complainant became unconscious for about 10-15 minutes. 7. That when the complainant became conscious, he came at his home and called PCR at 100 number, PCR reached at the home of the complainant and on the same day i.e. 04.12.2009 at about 11 PM took him to RML Hospital, when the complainant reached at hospital, the complainant found all the said accused persons along with one relative of accused no.1 who posed himself as POLICEWALA and complainant got surprised to seeing them at hospital prior reaching the complainant and they all threatened to the complainant that they will not got allow conduct proper medical of the complainant as the accused persons have close relation and contact with the police officials and resultantly proper MLC was not prepared and shown as simple blunt while the complainant has stiches on his vital parts i.e. head injuries as well as stitches on his chin and above left eyebrow even though due to influence of the accused persons and conspiracy with the known police personals of the accused persons. 8.That when complainant reached at PS. Mandir Marg, he got serious shock after seeing all accused persons who already were sitting in PS. Mandir Marg, New Delhi and they were talking with the police official and they misguided and influenced to the police and due to which the police official did not become ready to record his statement and only given false assurance that the police is taking action as per law. 9. That since the day of said incident the complainant has been going to the PS. Mandir Marg, New Delhi for getting legal action against the said accused persons but no action was taken by the police against them and the said accused persons and the police official also are threatening and pressurizing the complainant for not taking any action against the accused persons and they have also threatened that if the complainant will not act per their wish they will falsely implicate the complainant in a false and fabricated case and the complainant has come to know that police have registered a false criminal case against him for pressurizing the complainant. 10. That on 10.12.09 when the complainant went to the PS. Mandir Marg, New Delhi to get receive his written complaint against the said accused persons, the police officials neither received his written complaint nor got his further medical treatment as his condition was serious and having no alternate the complainant went to the said hospital for his medical treatment and got his medical treatment. 11. That on 10.12.09 having no other alternate sent written complaint through registered AD Post to the SHO, PS. Mandir Madrg, DCP, Parliament, New Delhi and the Commissioner of Police Delhi, PHQ IP ESTATE, New Delhi but no legal action has been taken against the said accused persons. 12. That the complainant has serious apprehension about his life as well lives of his other family members also and property from the above named accused persons as they are influential and notorious persons also of the locality. 13.That having no other alternate, the complainant has filed present complaint against the said accused persons, which is best upon true facts. 14. That this Hon’ble Court has got territorial jurisdiction to entertain, try, and decide the case as the same has been committed within the jurisdiction of this Hon’ble Court. Prayer:- It is, therefore, humbly prayed that keeping in view the aforesaid facts and circumstances of the case, the SHO of PS. Madir Marg, New Delhi may kindly be directed to register the FIR under the said appropriate sections against the accused persons. Or the accused persons may kindly be summoned, tried and punished as per law. Prayed accordingly Complainant Sd Hindi Narender Kumar, New Delhi Dated 12.12.09 through counsel DO to register as case U/s. 308/341/506/34 IPC and hand over investigation to ASI Rajender Singh Sd English SHO Mandir Marg 22.12.09 On the basis of complaint , the case was registered U/s. 308/341/506/34 IPC. The copy of the complaint was annexed with the computerized copy of the FIR will be sent for maintaitaining record as per Circular Order No. 25/C & T (AS-I) PHQ Dt. 14.12.05. The Second computerized copy along with original complaint was handed over to ASI Rajender Singh by Ct. Devender no.1079/ND on the instruction of the SHO Saheb for taking necessary acton . The Case copy through post is forwarded for consideration of concerned Magistrate Saheb and Senior Officer. HC/DO.
13. Action Taken (Since the above information reveals commission of offence(s) U/s as mentioned at item No.2:
(i) Registered the case and took up the investigation
(ii) Directed (Name of the I.O.): RAJENDER SINGH
No. 28790546 Rank: ASI
to take up the investigation,
(iii) Refused investigation due to:
(iv) Transferred to P.S (name) OR
on point of jurisdiction. District:
FIR read over to the complainant / informant, admitted to be correctly recorded and an copy given to the complainant/ informant, free of cost:
14. Signature/ Thumb impression