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 Particulars Court Fee Pages
1 Letter of service
2 Memo of parties
3 Urgent application
4 List of dates & Events
5 Petition under
section 482 CrPC
6 Affidavit in support
of the above
7 Affidavit filed by Smt
Vaishali Aggarwal
respondent no 2
8 Copy of the Joint
Statement First
Motion dated
30/1/2006
9 Copy of the Joint
Statement Second
Motion dated
30/5/2006
10 Copy of the FIR dated
17/6/2000
11 Fair copy of the
above FIR
12 Copy of the Charge
sheet
13 Fair Copy of the
Charge sheet
14 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 of 2008

Shri Shyam Sunder Gupta & Others

 ……….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 of 2008

Shri Shyam Sunder Gupta & Others

 ……….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 of 2008

Shri Shyam Sunder Gupta & Others

 ………….Petitioners
Vs

State & Another

…………..Respondents

LIST OF DATES AND EVENTS

Sr No Date Events

1 2.7.98 Marriage was held

2 22.12.98 Living separately till date
3 17.6.2000 F.I.R. NO 64/2000 with Mahila
Thana, Moradabad

4 10.10.2000 Charge sheet Filed by

Investigating officer in the court of
CJM
5 1.12.2000 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 30.1.2006 Joint Statement ( First Motion)

8 31.05.2006 Joint Statement (Second Motion )

Advocate for the Petitioners

IN THE HIGH COURT OF JUDICATURE AT
ALLAHABAD

Criml Misc [M] No of 2008

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 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 ) under section
498-A , 323 , 506 I.P.C. and 3/ 4 of Dowery Prohibition ,
Police Station Mahila Thana District Moradabad (U.P.)
arising out of case crime 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 on
10.10.2000 . On the basis of that Chargesheet case 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 is
quashed/dropped.

DEPONENT
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