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IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ..RESPONDENTS

INDEX

S.No PARTICULARS PAGES

1. NOTICE OF MOTION

2. URGENT APPLICATION

3. LIST OF DATES AND EVENTS

4. MEMO OF PARTIES

5. CRIMINAL MISC. PETITION


UNDER SECTION 482 OF CODE
OF CRIMINAL PROCEDURE,
1973 SEEKING QUASHING OF
FIR NO. 0575/2022 DATED
12.09.2022 U/S 498A/406/ 34 IPC
REGISTERED AT PS MALVIYA
NAGAR, DISTRICT SOUTH
DELHI, NEW DELHI AND ALL
OTHER PROCEEDINGS
EMANATING OUT OF IT
ALONGWITH SUPPORTING
AFFIDAVIT.
6. ANNEXURE-P-1:

FIR No. 0575/2022 DATED


12.09.2022 U/S 498A/406/ 34 IPC
REGISTERED AT PS MALVIYA
NAGAR, DISTRICT SOUTH
DELHI, NEW DELHI

7. ANNEXURE-P-2:

ID PROOF OF THE PETITIONER

8. ANNEXURE-P-3:

COPY OF DOMESTIC VIOLENCE


PETITION PENDING
ADJUDICATION BEFORE MS.
SANA KHAN, LD, M.M., SOUTH
DELHI, SAKET COURT, NEW
DELHI, FILED BY RESPONDENT
NO. 2.

9. ANNEXURE-P-4 (COLLY.) :

COPY OF ORDER DATED


26.10.2021 AND 07.01.2022
PASSED IN COMPLAINT
BEARING NO. 1338/2021 TITLED
AS HARSHA ARORA VS.
SAKSHAM SAHGAL & ORS.

10. ANNEXURE-P-5

COPY OF ORDER DATED


01.11.2022 PASSED IN
CRIMINAL M.C. NO. 5571/2022
TITLED AS “SAKSHI KAPOOR
VS. STATE GOVT OF NCT
DELHI & ORS.”

11. Crl M. C. No._________of 2022

APPLICATION UNDER SECTION


482 Cr.P.C. ON BEHALF OF THE
PETITIONER SEEKING STAY OF
PROCEEDINGS ALONGWITH
AFFIDAVIT.

12. Crl M. C. No._________of 2022

APPLICATION U/S. 482 CR.P.C.


FOR EXEMPTION ALONGWITH
AFFIDAVIT.

13. VAKALATNAMA

14. COURT FEES

15. PROOF OF ADVANCE SERVICE

THROUGH

DEEPAK AGARWAL/ SAMEER SRIVASTAVA


ADVOCATES
E-188, LGF, EAST OF KAILASH,
NEW DELHI- 110065
PLACE: DELHI MOBILE: 9999730492
DATE: EMAIL : [email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

NOTICE OF MOTION
To,

The Standing Counsel (Criminal)


Govt. of NCT of Delhi.

Sir/Madam,

The enclosed petition is being filed by us on behalf of the

Petitionersand is likely to be listed on or any date,

thereafter. Please take notice accordingly.

PETITIONERS
THROUGH

DEEPAK AGARWAL/ SAMEER SRIVASTAVA


ADVOCATES
E-188, LGF, EAST OF KAILASH,
NEW DELHI- 110065
PLACE: DELHI MOBILE: 9999730492
DATE: EMAIL : [email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

URGENT APPLICATION
To,
The Registrar,
High Court of Delhi
New Delhi

Sir,

Kindly treat the accompanying petition as urgent in accordance

with the High Court rules and orders since urgent orders as per

the prayer clause are prayed for.

PETITIONER
THROUGH

DEEPAK AGARWAL/ SAMEER SRIVASTAVA


ADVOCATES
E-188, LGF, EAST OF KAILASH,
NEW DELHI- 110065
PLACE: DELHI MOBILE: 9999730492
DATE: EMAIL : [email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

[PETITION UNDER SECTION 482 OF CODE OF


CRIMINAL PROCEDURE, 1973 SEEKING QUASHING
OF FIR NO. 0575/2022 DATED 12.09.2022 U/S 498A/406/ 34
IPC REGISTERED AT PS MALVIYA NAGAR, DISTRICT
SOUTH DELHI, NEW DELHI AND ALL OTHER
PROCEEDINGS EMANATING OUT OF IT]

MEMO OF PARTIES

1. RAKESH KUMAR SAHGAL


S/O LATE RAM KRISHNA SAHGAL
R/O PLOT 141-142, FLAT NO. 404,
MONDAY MARKET ROAD, VIPIN GARDEN,
UTTAM NAGAR, DELHI-110059
EMAIL : [email protected]
MOB : 6393006983

2. KUSUM SAHGAL
W/O RAKESH KUMAR
R/O PLOT 141-142, FLAT NO. 404,
MONDAY MARKET ROAD, VIPIN GARDEN,
UTTAM NAGAR, DELHI-110059
EMAIL : [email protected]
MOB : 8707505711
VERSUS

1. STATE (GOVT. OF NCT DELHI)


THROUGH SHO, PS MALVIYA NAGAR
DIST : SOUTH
EMAIL: [email protected]

2. HARSHA ARORA
W/O SAKSHAM SAHGAL,
R/O PLOT 141-142, FLAT NO. 404,
MONDAY MARKET ROAD, VIPIN GARDEN,
UTTAM NAGAR, DELHI-110059
PRESENTLY RESIDING AT:
JG2-24, SF BLOCK JG, KHIRKI EXTN DELHI,
SOUTH, DELHI
3. SAKSHAM SAHGAL, ,
S/O RAKESH KUMAR SAHGAL
R/O PLOT 141-142, FLAT NO. 404,
MONDAY MARKET ROAD, VIPIN GARDEN,
UTTAM NAGAR, DELHI-110059
…PROFORMA RESPONDENT

4. SAKSHI KAPOOR
W/o Sh. SHALEEN KAPPOR
R/o PLOT NO. 121, FLAT NO. B-2,
INDRAPURAM, GYAN KHAND-1,
SHIPRA SUN CITI, GAZIABAD,
UTTAR PRADESH-201014
EMAIL: [email protected]
MOBILE: 9999730492
…PROFORMA RESPONDENT

PETITIONERS
THROUGH

DEEPAK AGARWAL/ SAMEER SRIVASTAVA


ADVOCATES
E-188, LGF, EAST OF KAILASH,
NEW DELHI- 110065
PLACE: DELHI MOBILE: 9999730492
DATE: EMAIL : [email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

P.S. : MALVIYA NAGAR,


FIR No. 0575/22 DATED 12.09.2022
U/S 498A/ 406/ 34 IPC
DIST : SOUTH DELHI

PETITION UNDER SECTION 482 OF CODE OF


CRIMINAL PROCEDURE, 1973 SEEKING QUASHING
OF FIR NO. 0575/2022 DATED 12.09.2022 U/S 498A/406/ 34
IPC REGISTERED AT PS MALVIYA NAGAR, DISTRICT
SOUTH DELHI, NEW DELHI AND ALL OTHER
PROCEEDINGS EMANATING OUT OF IT

MOST RESPECTFULLY SHOWETH :-

THE HON’BLE CHIEF


JUSTICE AND HIS
COMPANION JUSTICES

1. That the Petitioners are preferring the present petition

seeking quashing of FIR No. 0575/2022 Dated 12.09.2022

for alleged offence U/s 498A/406/ 34 IPC registered at PS

Malviya Nagar, District South Delhi, New Delhi and all

other proceedings emanating out of it. Copy of FIR No.

0575/2022 Dated 12.09.2022 for alleged offence U/s


498A/406/ 34 IPC registered at PS Malviya Nagar, District

South Delhi, New Delhi is annexed herewith and marked as

Annexure P-1.

2. That Petitioners are the is the law-abiding citizen of India

and are the old age parents of Respondent No. 3. ID proof of

the Petitioners is annexed herewith and marked as

Annexure P-2 (Colly.).

3. That Respondent No. 2 got married to Respondent No. 3 on

12.11.2016 at Yatrik Hotel, Jhansi, Uttar Pradesh. The

marriage was a arrange marriage, wherein no dowry was

exchanged between the parties.

4. That apparently some matrimonial dispute arose between

the Respondent No. 2 and Respondent No. 3 in pursuance of

which Respondent No. 2 has filed Complainant under

Section 12 of the Domestic violence Act, alleging false

allegations against Petitioners, Respondent No. 3 and

Respondent No. 4 which is pending adjudication before Ms.

Sana Khan, Ld, M.M., South Delhi, Saket Court, New Delhi

and the next date of hearing in the said matter is 18.10.2022

in which Petitioners and Respondent No. 3 to Respondent

No. 4 are arrayed as parties. Copy of Domestic Violence


Petition pending adjudication before Ms. Sana Khan, Ld,

M.M., South Delhi, Saket Court, New Delhi, filed by

Respondent No. 2 is annexed herewith and marked as

Annexure P-3.

5. It is relevant to mention here that while issuing summons

vide order dated 07.01.2022 in the said matter the Court of

Ms. Sana Khan, Ld, M.M., South Delhi, Saket Court, New

Delhi Declined to issue summon to the Respondent No. 4

herein. Copy of Order dated 26.10.2021 and 07.01.2022

passed in Complaint bearing No. 1338/2021 titled as Harsha

Arora vs. Saksham Sahgal & Ors. are annexed herewith and

marked as Annexure P-4 (Colly.).

6. That it is further submitted that to the best of the knowledge

to the Petitioners the Respondent No. 4 has filed a Criminal

Petition bearing Criminal M.C. No. 5571/2022 under

Section 482 Cr.P.C seeking quashing of the FIR bearing No.

0575 dated 12.09.2022 for alleged offence under Section

498A/406/34 IPC at PS Malviya Nagar and vide order dated

01.11.2022 this Hon’ble Court has been pleased to issue

notice to the Respondent and the said Petition is now listed

for 13.03.2023. Copy of Order dated 01.11.2022 passed in


Criminal M.C. No. 5571/2022 titled as “Sakshi Kapoor vs.

State Govt of NCT Delhi & Ors.” is annexed as Annexure

P-5.

7. That on 08.11.2021 the Respondent No. 2 made a

Complaint with PS Malviya Nagar alleging domestic

violence against her. The Complaint dated 08.11.2021

culminated in to FIR bearing No. 0575 dated 12.09.2022 for

alleged offence under Section 498A/406/34 IPC at PS

Malviya Nagar.

8. That pursuant to the lodging of the said FIR the police have

directed the Petitioners to join investigation. The Petitioners

in compliance of the said direction duly joined investigation

and cooperated with the concerned investigating officer.

9. It is submitted that the Petitioners who are the parents-in-

law of the Respondent No. 2 has nothing to do or has no say

in the internal family matter of the Respondents and

Respondent No. 2 has falsely implicated Petitioners in the

entire dispute. The said proceedings came as a shock to the

Petitioners who was happily leading a married life who had

nothing to do with the family dispute of the Respondents. It

is apparent that Respondent No. 2 has falsely implicated


Petitioners only with a view to pressurize the other

Respondents.

10. That in view of the facts and circumstances mentioned

hereinabove the Petitioners is constrained to this Hon’ble

Court seeking quashing of the FIR no. 0575 dated

12.09.2022, inter-alia, on the following grounds:

GROUNDS

A. That the Petitioners is falsely implicated in the 0575 dated

12.09.2022 for alleged offence U/s 498A/406/ 34 IPC

registered at PS Malviya Nagar, District South Delhi, New

Delhi by Respondent no. 2 merely to make pressure over

the Respondent Nos. 3 to 5.

B. That the Hon’ble Apex Court in the case of Bhajan Lal

reported in 1992 Supp 1 SCC 335 has been pleased to

hold that criminal proceedings ought to be quashed where

allegations are so absurd that no prudent person can arrive

at a conclusion that there is sufficient ground. The Hon'ble

Court has also been pleased to observe that a criminal

proceeding that has been initiated with an ulterior motive

shall be quashed.
102. (1) Where the allegations made in the first

information report or the complaint, even if they are

taken at their face value and accepted in their entirety

do not prima facie constitute any offence or make out a

case against the accused.

(2) Where the allegations in the first information report

and other materials, if any, accompanying the FIR do

not disclose a cognizable offence, justifying an

investigation by police officers under Section 156(1) of

the Code except under an order of a Magistrate within

the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the

FIR or complaint and the evidence collected in support

of the same do not disclose the commission of any

offence and make out a case against the accused.

(4) Where the allegations in the FIR do not constitute a

cognizable offence but constitute only a non-cognizable

offence, no investigation is permitted by a police officer

without an order of a Magistrate as contemplated under

Section 155(2) of the Code.


(5) Where the allegations made in the FIR or complaint

are so absurd and inherently improbable on the basis of

which no prudent person can ever reach a just

conclusion that there is sufficient ground for

proceeding against the accused.

(6) Where there is an express legal bar engrafted in any

of the provisions of the Code or the Act concerned

(under which a criminal proceeding is instituted) to the

institution and continuance of the 21 proceedings

and/or where there is a specific provision in the Code

or the Act concerned, providing efficacious redress for

the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended

with mala fide and/or where the proceeding is

maliciously instituted with an ulterior motive for

wreaking vengeance on the accused and with a view to

spite him due to private and personal grudge.

C. That the Hon’ble Supreme Court in the case of State of

Karnataka Vs. M. Devendrappa reported in 2002 (3) SCC

890 has held that the Court would be justified in quashing

of a criminal proceeding if its continuance amounts to


abuse of process of Court and that judicial process should

not be an instrument of oppression.

D. That the investigation of the case is tainted and the

Police has not taken into consideration that there is no

corroborating evidence available on the record to prove

the case of the Prosecutrix instead the allegations are

ex-facie nullified by the own conduct of the

Prosecutrix herself.

E. That the learned Court below has taken cognizance of

the charge sheet without application of mind. The

Hon’ble Supreme Court in the case of Pepsi Foods

Limited Vs. Special Judicial Magistrate reported in

1998 (5) SCC 749 has been pleased to hold that

summoning of accused is a serious matter therefore,

order should reflect application of mind.

F. That in the present case non application of mind is

evident as the learned Court below has not even taken

care of the fact as to whether the applicant is in Jail or

not and has been repeatedly issuing directions for the


appearance of the applicant from Jail.

G. That the Hon’ble Supreme Court in the case of

Fakhruddin Ahmad Vs. State of Uttaranchal

reported in 2008 (17) SCC 157 has been pleased to

hold that the Court must apply its mind at the time of

taking cognizance to the allegations made in the Police

report, complaint or information received from source

other than Police report and material filed therewith,

which is absent in the present case.

H. That being aggrieved and having no other alternative

and efficacious remedy, the applicant invokes inherent

powers of this Hon'ble Court under section 482 Code

of Criminal Procedure to secure the ends of justice and

to prevent the abuse of process of Court.

I. That the general and omnibus allegations made by the

Respondent No. 2 under the said FIR against the present

Petitioners merely to misuse the due process of the law.

J. That the Hon’ble Supreme Court in the matter of

Kahkashan Kausar @ Sonam & Ors. Versus State of

Bihar & Ors. bearing Criminal Appeal No. 195 Of 2022


observe that in the absence of any specific role attributed

to the accused appellants, it would be unjust if the

Appellants are forced to go through the tribulations of a

trial, i.e., general and omnibus allegations cannot manifest

in a situation where the relatives of the complainant’s

husband are forced to undergo trial. Relevant extract of the

said judgement is mentioned herein after:

“…. 22. Therefore, upon consideration of the

relevant circumstances and in the absence of any

specific role attributed to the accused appellants, it

would be unjust if the Appellants are forced to go

through the tribulations of a trial, i.e., general and

omnibus allegations cannot manifest in a situation

where the relatives of the complainant’s husband

are forced to undergo trial. It has been highlighted

by this court in varied instances, that a criminal

trial leading to an eventual acquittal also inflicts

severe scars upon the accused, and such an exercise

must therefore be discouraged.

23. In view of the above facts and discussions, the

impugned order dated 13.11.2019 passed by the


High Court of Patna is set aside. The impugned

F.I.R. No. 248 of 2019 against the Appellants under

Sections 341, 323, 379, 354, 498A read with Section

34 IPC stands quashed…”

K. That the entire process is denied in law and is liable to be

quashed and set aside in as much as there is no evidence

against the Petitioner herein and no useful purpose would

be served by putting the matter on trial qua the Petitioner

herein.

11. That Petitioners have previously approached with the

similar remedy, bearing No.__________ , and

___________is seeking liberty to withdraw the above stated

and to press the present Petition with necessary

modifications as per the present circumstances of the case.

12. That being aggrieved and having no other alternative

and efficacious remedy, the applicant invokes inherent

powers of this Hon'ble Court under section 482 Code of

Criminal Procedure to secure the ends of justice and to

prevent the abuse of process of Court.

PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court

may kindly be pleased to : -

(a) Quash/ set-aside the FIR No. 0575/2022 Dated 12.09.2022

for alleged offence U/s 498A/406/ 34 IPC registered at PS

Malviya Nagar, District South Delhi, New Delhi and

chargesheet and summoning order dated all other

incidental proceedings emanating out of it.; and

(b) Pass further order(s) as this Hon’ble Court may deem fit

and proper in the present case.

PETITIONERS
THROUGH

DEEPAK AGARWAL/ SAMEER SRIVASTAVA


ADVOCATES
E-188, LGF, EAST OF KAILASH,
NEW DELHI- 110065
PLACE: DELHI MOBILE: 9999730492
DATE: EMAIL : [email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

AFFIDAVIT

I, Rakesh Kumar Sahgal, aged about ___ years, S/o Late Ram

Krishna Sahgal R/o Plot 141-142, Flat No. 404, Monday Market

Road, Vipin Garden, Uttam Nagar, Delhi-110059 do hereby

solemnly affirm and declare as under:-

1. That I am Petitioner No. 1 in the captioned matter and as such

I am fully conversant with the facts of the case and thus

competent to depose the present affidavit.

2. That the accompanying petition has been drafted by my

counsel under my instruction and the same are true and correct

to best of my knowledge and the contents of the same may

kindly be read as part and parcel of this affidavit as the same

are not being repeated here for the sake of brevity.

DEPONENT

VERIFICATION :
Verified at Delhi on this day of November, 2022 that the

contents of the above mentioned affidavit are true to my

knowledge that nothing has been concealed therefrom.

DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

AFFIDAVIT

I, Kusum Sahgal, aged about ___ years, W/o Rakesh Kumar

Sahgal R/o Plot 141-142, Flat No. 404, Monday Market Road,

Vipin Garden, Uttam Nagar, Delhi-110059, do hereby solemnly

affirm and declare as under:-

1. That I am Petitioner No. 2 in the captioned matter and as such

I am fully conversant with the facts of the case and thus

competent to depose the present affidavit.

2. That the accompanying petition has been drafted by my

counsel under my instruction and the same are true and correct

to best of my knowledge and the contents of the same may

kindly be read as part and parcel of this affidavit as the same

are not being repeated here for the sake of brevity.

DEPONENT
VERIFICATION :

Verified at Delhi on this day of November, 2022 that the

contents of the above mentioned affidavit are true to my

knowledge that nothing has been concealed therefrom.

DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.A. No. OF 2022
IN
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

APPLICATION UNDER SECTION 482 Cr.P.C. ON


BEHALF OF THE PETITIONERS FOR EXEMPTION
FROM FILING THE CERTIFIED COPIES, FAIR
TYPED/TRANSLATED COPIES WITH PROPER LEFT
HAND SIDE MARGIN OF THE ANNEXURES ALONG
WITH THE MAIN PETITION.

MOST RESPECTFULLY SHOWETH:

1. That the accompanying petition has been filed by the

Petitioners seeking interim reliefs. Various annexures have

been annexed some of which are not certified copies or

true typed copies. Petitioners undertakes to file certified/

typed/ translated copies etc. with clear 4 cm left side

margin as and when directed by this Hon’ble Court.

PRAYER:

It is, therefore, most humbly prayed that this Hon’ble

Court may kindly be pleased to:-


(a) Exempt Petitioners from filing the certified copies, fair

typed/translated copies with proper left hand side margin

of the Annexures along with the main petition;

(b) Pass any other and further order(s) as this Hon’ble Court

may deem fit and proper in the facts and circumstances of

the present case.

PETITIONERS
THROUGH

DEEPAK AGARWAL/ SAMEER SRIVASTAVA


ADVOCATES
E-188, LGF, EAST OF KAILASH,
NEW DELHI- 110065
PLACE: DELHI MOBILE: 9999730492
DATE: EMAIL : [email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.A. No. OF 2022
IN
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

AFFIDAVIT

I, Rakesh Kumar Sahgal, aged about ___ years, S/o Late Ram

Krishna Sahgal R/o Plot 141-142, Flat No. 404, Monday Market

Road, Vipin Garden, Uttam Nagar, Delhi-110059, do hereby

solemnly affirm and declare as under:-

1. That I am Petitioner No. 1 in the captioned matter and as

such I am fully conversant with the facts of the case and thus

competent to depose the present affidavit.

2. That the accompanying application has been drafted by my

counsel under my instruction and the same are true and

correct to best of my knowledge and the contents of the same

may kindly be read as part and parcel of this affidavit as the

same are not being repeated here for the sake of brevity.

DEPONENT
VERIFICATION :

Verified at Delhi on this day of November, 2022 that the

contents of the above mentioned affidavit are true to my

knowledge that nothing has been concealed therefrom.

DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.A. No. OF 2022
IN
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

AFFIDAVIT

I, Kusum Sahgal, aged about ___ years, W/o Rakesh Kumar

Sahgal R/o Plot 141-142, Flat No. 404, Monday Market Road,

Vipin Garden, Uttam Nagar, Delhi-110059, do hereby solemnly

affirm and declare as under:-

1. That I am Petitioner No. 1 in the captioned matter and as

such I am fully conversant with the facts of the case and thus

competent to depose the present affidavit.

2. That the accompanying application has been drafted by my

counsel under my instruction and the same are true and

correct to best of my knowledge and the contents of the same

may kindly be read as part and parcel of this affidavit as the

same are not being repeated here for the sake of brevity.

DEPONENT
VERIFICATION :

Verified at Delhi on this day of November, 2022 that the

contents of the above mentioned affidavit are true to my

knowledge that nothing has been concealed therefrom.

DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.A. No. OF 2022
IN
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

LIST OF DATE & EVENTS


12.11.2016 Respondent No. 2 and Respondent No. 3 got

married at Yatrik Hotel, Jhansi, Uttar Pradesh as

per Hindu rights and rituals.

2021 Allegedly some matrimonial dispute arose

between Respondent No. 2 and Respondent No. 3

October, Complaint under Domestic Violence Act before


2021
Ld. MM, Saket Court against the Respondent No.

3 to 5 alongwith Petitioners have been filed by

the Respondent No. 2

26.10.2021 Summon issued to Petitioners and Respondent

No. 3 in the said Complaint.

07.01.2022 Ld. MM, Saket Court, Delhi declined to Summon

the Petitioners as she is residing separately from


Respondent No. 2 and as she is married sister-in-

law of Respondent No. 2.

12.09.2022 Respondent No. 2 made a Complaint with PS

Malviya Nagar alleging domestic violence

against her. The Complaint dated 12.09.2022

culminated in to FIR bearing No. 0575 dated

12.09.2022 for alleged offence under Section

498A/406/34 IPC at PS Malviya Nagar.

01.11.2022 Hon’ble Court has been pleased to issue notice to

the Respondent and the said Petition is now listed

for 13.03.2023 in Criminal M.C. No. 5571/2022

titled as “Sakshi Kapoor vs. State Govt of NCT

Delhi & Ors.”

July, 2022 Hence, this Petition.

PETITIONER
THROUGH

DEEPAK AGARWAL/ SAMEER SRIVASTAVA


ADVOCATES
E-188, LGF, EAST OF KAILASH,
NEW DELHI- 110065
PLACE: DELHI MOBILE: 9999730492
DATE: EMAIL : [email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.A. No. OF 2022
IN
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

APPLICATION UNDER SECTION 482 Cr.P.C. ON


BEHALF OF THE PETITIONER SEEKING STAY OF
PROCEEDINGS QUA FIR NO. 0575/2022 DATED
12.09.2022 FOR ALLEGED OFFENCE U/S 498A/ 406/ 34
IPC REGISTERED AT PS MALVIYA NAGAR, DISTRICT
SOUTH DELHI, NEW DELHI DURING THE PENDENCY
OF THE CAPTIONED MATTER.

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is preferring the present petition

seeking quashing of FIR No. 0575/2022 dated 12.09.2022 for

alleged offence U/s 498A/406/ 34 IPC registered at PS Malviya

Nagar, District South Delhi, New Delhi and all other proceedings

emanating out of it.

2. That the contents of the accompanying petition may be

read as part and parcel of the present application and the same is

not repeated herein for the sake of brevity and to avoid repetition.
3. It is submitted that petitioners has good case on merit and

there is every likelihood of petitioners succeeding on merit and

as such great prejudice shall be caused to the petitioner if the

proceeding qua FIR No. 0575/2022 dated 12.09.2022 for alleged

offence U/s 498A/ 406/ 34 IPC registered at PS Malviya Nagar,

District South Delhi, New Delhi are not stayed during the

pendency of the captioned matter.

4. That in these circumstances present application is being

filed by the petitioners seeking stay of proceeding qua FIR No.

0575/2022 dated 12.09.2022 for alleged offence U/s 498A/ 406/

34 IPC registered at PS Malviya Nagar, District South Delhi,

New Delhi during the pendency of the captioned matter.

5. It is submitted that no prejudice shall be caused to either of

the parties if the proceedings is stayed during the pendency of the

captioned matter. The present application is made bona fide and

in the interest of justice.

PRAYER:

It is, therefore, most humbly prayed that this Hon’ble

Court may kindly be pleased to:-


(a) Stay the proceeding qua FIR No. 0575/2022 dated

12.09.2022 for alleged offence U/s 498A/ 406/ 34 IPC registered

at PS Malviya Nagar, District South Delhi, New Delhi during the

pendency of the captioned matter; and

(b) Pass any other and further order(s) as this Hon’ble Court

may deem fit and proper in the facts and circumstances of the

present case.

PETITIONERS

THROUGH

DEEPAK AGARWAL/ SAMEER SRIVASTAVA


ADVOCATES
E-188, LGF, EAST OF KAILASH,
NEW DELHI- 110065
PLACE: DELHI MOBILE: 9999730492
DATE: EMAIL : [email protected]
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.A. No. OF 2022
IN
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

AFFIDAVIT

I, Rakesh Kumar Sahgal, aged about ___ years, S/o Late Ram

Krishna Sahgal R/o Plot 141-142, Flat No. 404, Monday Market

Road, Vipin Garden, Uttam Nagar, Delhi-110059, do hereby

solemnly affirm and declare as under:-

1. That I am Petitioner No. 1 in the captioned matter and as

such I am fully conversant with the facts of the case and thus

competent to depose the present affidavit.

2. That the accompanying petition has been drafted by my

counsel under my instruction and the same are true and

correct to best of my knowledge and the contents of the same

may kindly be read as part and parcel of this affidavit as the

same are not being repeated here for the sake of brevity.

DEPONENT
VERIFICATION :

Verified at Delhi on this day of November, 2022 that the

contents of the above mentioned affidavit are true to my

knowledge that nothing has been concealed therefrom.

DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.A. No. OF 2022
IN
Crl. M.C. No. OF 2022

IN THE MATTER OF:

RAKESH SAHGAL & ANR. …PETITIONERS


VERSUS
STATE & ORS. ….RESPONDENTS

AFFIDAVIT

I, Kusum Sahgal, aged about ___ years, W/o Rakesh Kumar

Sahgal R/o Plot 141-142, Flat No. 404, Monday Market Road,

Vipin Garden, Uttam Nagar, Delhi-110059, do hereby solemnly

affirm and declare as under:-

1. That I am Petitioner No. 1 in the captioned matter and as

such I am fully conversant with the facts of the case and thus

competent to depose the present affidavit.

2. That the accompanying petition has been drafted by my

counsel under my instruction and the same are true and

correct to best of my knowledge and the contents of the same

may kindly be read as part and parcel of this affidavit as the

same are not being repeated here for the sake of brevity.

DEPONENT
VERIFICATION :

Verified at Delhi on this day of November, 2022 that the

contents of the above-mentioned affidavit are true to my

knowledge that nothing has been concealed therefrom.

DEPONENT

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