IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. Misc.-M ___________ of 2019

Gurmeet Singh ….Petitioner

Versus
State of New Delhi and others … Respondents

INDEX

S. Particulars Dated Pages Court

No. fees
Urgent form 21.06.2019
1. Petition Under section 21.06.2019
482 Cr.P.C
2. Affidavit .06.2019
3. Annexure P-1(FIR) 04.11.2016
4. Annexure P-2 07.03.2018
(Affidavit)
5. Annexure P-3 31.05.2019
(Affidavit)
6. Annexure P-4 05.01.2019
(Affidavit)
7. Annexure P-5 13.08.2018
(Affidavit)
8. Annexure P-6(colly)
(I.D. Proofs)
9. Power of attorney
10. Vernaculars
Total court fee:

CHANDIGARH (NAEEM ILYAS)

DATED: 21.06.2019 ADVOCATE
COUNSEL FOR THE PETITIONER
 IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. Misc.-M ___________ of 2019

Gurmeet Singh ….Petitioner

Versus
State of New Delhi and others … Respondents

Total court fee:

CHANDIGARH (NAEEM ILYAS)

DATED: 21.06.2019 ADVOCATE
COUNSEL FOR THE PETITIONER
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRM- M-___________ of 2019

MEMO OF PARTIES

Gurmeet Singh son of Pritam Singh resident of Village

Chhinttanwala Tehsil Nabha District Patiala (Punjab)

…. Petitioner

Versus

1. State of New Delhi through Home Secretary Delhi Civil

Secretariat New Delhi.

2. Javed Qureshi son of Akiluddin Qureshi resident of

Haqimwarra, Ratlam Madhya Pradesh.

3. Mohd. Sajjid Qureshi son of Gulam Jilani, resident of

108, Nayapura Hat Road, Ratlam Madhya Pradesh.

4. Irfan son of Sh. Muzzffar Hussain, resident of Hat Road,

Nayapura, Ratlam, Madhya Pradesh.

5. Abdul Razaq son of Sh. Ibrahim Allah Noor, resident of

101, Harmala Road, Ratlam Tehsil & District Ratlam

Madhya Pradesh.

… Respondents

CHANDIGARH (NAEEM ILYAS)

DATED: 21.06.2019 ADVOCATE
COUNSEL FOR THE PETITIONER
 Petition Under Section 482 Cr.P.C. for quashing

of the impugned FIR No.542 dated 04.11.2016

under Section 420 IPC registered at Police

Station Vasant Kunj North, New Delhi

(Annexure P-1) and all the subsequent

proceedings arising out of the present FIR on the

basis of compromise/affidavits dated 7.3.2018,

31.05.2019, 05.01.2019 and 13.08.2018

respectively of respondent No.2 to 5 (Annexure

P-2 to P-5) in the interest of justice.

It is further prayed that during the

pendency of the present petition further

proceedings arising out of the present FIR

may kindly be stayed.

Any other relief which this Hon`ble

Court may deem fit and proper in the facts

and circumstances of the present case.

Respectfully Showeth:

1. That the petitioner is permanent resident of the

abovementioned address, peace loving and law abiding

citizens of India, as such he is entitled to invoke the extra

ordinary jurisdiction before this Hon`ble Court by way of

filing the present petition under section 482 Cr.P.C.

2. That the brief facts of the case are that the FIR

No.542 dated 04.11.2016 was registered on the complaint

of respondent no.2 under Section 420 IPC with the

allegations that the petitioner duped the complainant and

his three friends of some amount as mentioned in the FIR

on the pretext of sending them to Canada for employment

which lateron the petitioner refused and hence, the present

FIR was got registered. The true translation version of the

FIR is attached herewith as Annexure P-1.

3. That now with the intervention of the

respectables and without any kind of pressure, coercion

and malafide intention a compromise has been arrived at

between the complainants/respondent no.2 to 5 and the

petitioner and have decided to live peacefully without

having any type of grouse against each others. The

complainant/respondent No.2 to 5 do not want to proceed

with any kind of criminal litigation in the abovesaid FIR

and have no objection if the present FIR is quashed or

cancelled in the interest to maintain peace and harmony in

the society and also to keep social relations. In this regard

affidavits dated 07.03.2018, 31.05.2019, 05.01.2019 and

13.08.2018 respectively have been sworn by the

respondent No.2 to 5. The copy of compromise/affidavits of

respondent No.2 to 5 are annexed herewith as Annexure P-

2 to P-5 for the kind perusal of this Hon`ble Court.

4. That it is the settled law and the precedent that

if the parties want to resolve their matter amicably and

want to live peacefully and are of the opinion to not to

proceed with the litigation anymore, such type of litigation

should be quashed on the basis of compromise/affidavit

etc., which is in the interest of law and is also the saving of

the precious time of the Hon`ble Courts.

5. That in view of the above mentioned facts and

circumstances, no useful purpose would be served if the

criminal proceedings against the petitioner on the basis of

abovesaid FIR are allowed to be continued. The trial will not

end in conviction of the present petitioner as the matter

has already been amicably settled between the parties and

further proceedings would be a futile exercise and would

consume and waste the precious time of the Hon`ble

Courts.

6. That it has been held by the Full bench of

Hon`ble High Court of Punjab and Haryana in Kulwinder

Singh Vs. State of Punjab others and Hon`ble Supreme

Court of India in 2008(2) RCR 429 that in case of

compromise between the parties FIR should be quashed as

there will be no use to keep the criminal proceedings

pending when the matter has already been compromised.

7. That the petitioner declared that all the

accused/affected persons in the present FIR have been

made party in the present petition. The petitioner have not

been declared proclaimed offender.

8. That the petitioner is annexing the I.D. Proofs of

respondent No.2 to 5. Copy of the same are annexed

herewith as Annexure P-6(Colly).

9. That no such or similar petition is pending

before the Ld. Court of Sessions or any other Ld.

Competent Court of law at the time of filing of the present.

It is therefore, respectfully prayed that the

petition may kindly be accepted and the impugned FIR

No.542 dated 04.11.2016 under Section 420 IPC registered

at Police Station Basant Kunj (North), New Delhi (Annexure

P-1) and all the subsequent proceedings arising out of the

present FIR on the basis of compromise /affidavits dated

07.03.2018, 31.05.2019, 05.01.2019 and 13.08.2018

respectively of respondent No.2 to 5 (Annexure P-2 to P-5)

in the interest of justice.

It is further prayed that during the pendency of

the present petition further proceedings arising out of the

present FIR, before the Ld. Trial Court may kindly be

stayed.

It is further prayed that the petitioner may

kindly be exempted from filing the certified copies of all the

Annexures, in the interest of justice.

Any other relief which this Hon`ble Court may

deem fit and proper in the facts and circumstances of the

present case.

Note:Affidavit is attached.

CHANDIGARH (NAEEM ILYAS)

DATED: 21.06.2019 ADVOCATE
COUNSEL FOR THE PETITIONER
 IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. Misc.-M ___________ of 2019

Gurmeet Singh ….Petitioner

Versus

State of New Delhi and others … Respondents

Affidavit of Gurmeet Singh son of Pritam Singh

resident of Village Chhinttanwala Tehsil Nabha

District Patiala (Punjab)

I, the above named deponents do hereby

solemnly affirm and declare as under:-

1. That the above mentioned petition filed by

the deponent in this Hon`ble Court which is most likely to

succeed on the grounds mentioned in the present petition.

2. That the contents of the above-mentioned

petition are true and correct to my knowledge and belief.

No part of it is false and nothing material has been

concealed therein.
3 That no such or similar petition is pending

before the Ld. Court of Sessions or any other Ld.

Competent Court of law at the time of filing of the present.

Place:
Dated: Deponent

Verification:

Verified that the contents of above affidavit are

true and correct to my knowledge. No part of it is false and

nothing material has been concealed therein.

Place:
Dated: Deponent
 Annexure P-

FIRST INFORMATION REPORT

(Under Section 154 Cr.P.C.)
1. District: SOUTH DELHI PS: VASANT KUNJ
NORTH (SOUTH) Year: 2016 FIR No. 0542
Date: 04/11/2016
2. S. No. Act(s) Sections
1. IPC 1860 420
x x x
12. F.I.R Contents (Attach separate sheet, if required):
To, SHO PS Manak Chowk, Ratlam (Madhya Pradesh).

Subject:- Application against Gurmeet Singh, who is

working in company which send people abroad, for

playing fraud with applicant on the pretext of sending

abroad. Sir, With regard to subject cited above it is

requested that I, Javed Kureshi son of Akiluddin

Kureshi and resident of Ratlam and currently I am

unemployed. I had established contact with M/s

Genius Immigration and Edutech Solutions Company,

which send people abroad for employment, and on

dated 20.12.2015 I alongwith my friend Sajid Kureshi

went to Delhi. I made phone call to Gurmeet Singh

and talked to him with regard to sending me to

Canada and Gurmeet Singh asked us to come at hotel

at Airport Road in front of bridge. Both of us went to

the hotel situated near bridge. I do not know the name

of the hotel. There at the hotel, we met Gurmeet Singh

resident of Chhinttan Wala, Tehsil Nabha, District

Patiala, Punjab, who is working in company which

send people abroad. Gurmeet Singh received payment

from me and gave me receipt and I gave him other

papers and thereafter he asked us to leave. There,

Gurmeet Singh received Rs. 1,90,000/- (Rupees One

Lac Ninety Thousand) from me for sending me abroad

but he gave me receipt of only Rs. 1,50,000/- (Rupees

One Lac Fifty Thousand). In the same manner,

Gurmeet Singh also played fraud with my friend Sajid

Kureshi and received Rs. 2,20,000/- (Rupees Two Lac

Twenty Thousand) from him. This incident took place

on dated 20.12.2015 at 11:30 AM. Gurmeet Singh

assured both of us that he shall send us to Canada

for employment. Thereafter, on coming to Ratlam I

came to know that he has also received money from

my friends Irfan Nizmi and Razzaq on the name of

providing employment in Canada. After coming to

Ratlam I spoke with Gurmeet Singh on phone and he

said that I am sending air tickets to you and the

process of sending you to Canada has been initiated.

Afterwards, I established contact with Gurmeet Singh

on phone many times and Gurmeet said that date has

been postponed and I shall inform you very soon.

After one-two days I again spoke with Gurmeet on

phone and he said that I have not received any money

from you, you can do whatever you want to do.

Accordingly, Gurmeet Singh has duped me and my

three friends of money on the pretext of sending us

abroad. I hereby produce 8 documents concerned with

the incident before you. Action be taken. Enclosures:-

8 pages. Sd/- English Date 29/09/2016 Mobile No.

7772963299. DO PS Vasant Kunj North New Delhi, A

Zero FIR No. 0X4/16 dated 29/09/2016 U/s 420 IPC

was received at PS Vasant Kunj North from PS Manak

Chowk, Distt. Ratlam, Madhya Pradesh. The

complainant is Javed Kureshi S/o Akil Uddin Kureshi

R/o H.No. 11 Hakabara PS Station Road Ratlam, MP.

Hence, you are requested to register FIR U/s 420 IPC

and investigation be handed over to me. Sd/- English

PS Vasant Kunj North 4/11/2016 SI Sandeep Sharma

D-487 PIS No. 16970080. Police proceedings:- Today

at receipt of application at police station, this FIR

under above mentioned Section is registered in

CCTNS. As per order of SHO Sahib, computerized

copy of FIR alongwith original application handed over

to SI Sandeep Sharma. Other copies shall be handed

over to senior officers by post.

Certified To Be True and Correct Translation

Advocate
 Annexure P-
AFFIDAVIT
Name: Javed
Father’s Name: Akiluddin Kureshi
Age: 34 years
Occupation: Nil
Resident of: Hakimwara, Ratlam, M.P.

I, the above named deponent, do hereby

solemnly affirm and declare as under:-

1. That I am permanent resident of Ratlam Nagar

and currently I am unemployed.

2. That even prior to dated 20.12.2015 I was

unemployed. As a result, I alongwith my friend Sajid

Kureshi went to Delhi on dated 20.12.2015 and established

contact with M/s Genius Immigration and Edutech

Solutions Company with aim to search employment

abroad. There, we met Gurmeet Singh son of Pritam Singh

resident of Chhinttan Wala, Tehsil Nabha, District Patiala,

Punjab and he gave assurance of providing employment to

me and my friends in Canada and I paid Rs. 1,90,000/-

(Rupees One Lac Ninety Thousand) to him, but above

mentioned Gurmeet Singh neither sent me to Canada nor

has he returned my money. Aggrieved, I gave written

application to SHO PS Manak Chowk Ratlam and on the

basis of my application, one Zero FIR U/s 420 IPC was

registered on dated 29.09.2016 and as the place of

occurrence was the hotel at Airport Road Delhi in front of

bridge, this Zero FIR was sent to the concerned PS Vasant

Kunj Delhi.

3. That, afterwards, above mentioned Gurmeet

Singh returned the amount of Rs. 1,90,000/- (Rupees One

Lac Ninety Thousand) to me which he had received from me

and he gave me assurance that due to suffering loss in

business he could not return the amount earlier and he

has not done so intentionally. Above mentioned Gurmeet

Singh has also apologized to me (the deponent).

3. That, due to above reason, if it is possible to

pardon above mentioned Gurmeet Singh then I do not want

to take any further legal action against Gurmeet Singh and

if required under law I am ready to give my consent in this

regard.

Date:- 07.03.2018 Sd/-

Deponent

Verification:-
 I (deponent) hereby verify that the contents of

para No. 1 to last of my above affidavit are true and correct

to the best of my personal knowledge and belief.

Date:- 07.03.2018 Sd/-

Deponent

Certified To Be True and Correct Translation

Advocate