1

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)
CRL.M.A. No.__________ of 2022
IN
CRL.M.C. NO. 2553 of 2020
IN THE MATTER OF
Som Prakash Nanda ...Petitioner
Versus
State of NCT Delhi & Anr.
...Respondents

To,
The Registrar,
Delhi High Court,
New Delhi.

URGENT APPLICATION
Kindly consider the above noted application as urgent one
since the same accompanies for necessary directions. List this case
on 25.7.2022 under the category of urgent application.

Thanking you.

Respondent No. 2 Petitioner

FILED BY :

Arvind Kr. Shukla & Ziya Sushma Singh, Advocate

Ahmad Counsel for Petitioner
Advocate for the Respondent No. Ch. No. 433 (4TH Floor),
2 M.C. Setalvad Lawyers Chamber,
For PINNACLE LAW FIRM Supreme Court of India
Office at : - 1/24, Regal Building New Delhi -110001
Connaught Place, Email :
New Delhi-110001 sushmasingh77@gmail.com
Email : Mob : 8178777233,
pinnaclelawfirm@gmail.com 9868184236
Off: 011 432230009
Mob : 9810030009
 2

Place: New Delhi

Date:
IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRA ORDINARY CRIMINAL JURISDICTION)
CRL.M.A. No.__________ of 2022
IN
CRL.M.C. NO. 2553 of 2020
IN THE MATTER OF
Som Prakash Nanda ...Petitioner
Versus

State of NCT Delhi & Anr.

...Respondents

NOTICE OF MOTION
Sir,

The enclosed Joint Application for withdrawl of the above

noted Crl.M.C. No. 2553 of 2020 in the aforesaid matter as being
filed on behalf of the petitioners and is likely to be listed on
__.7.2022or any other date thereafter.

Please take notice accordingly.

Respondent No. 2 Petitioner

FILED BY :

Arvind Kr. Shukla & Ziya Sushma Singh, Advocate

Ahmad Counsel for Petitioner
Advocate for the Respondent No. Ch. No. 433 (4TH Floor),
2 M.C. Setalvad Lawyers Chamber,
For PINNACLE LAW FIRM Supreme Court of India
Office at : - 1/24, Regal Building New Delhi -110001
Connaught Place, Email :
New Delhi-110001 sushmasingh77@gmail.com
Email : Mob : 8178777233,
pinnaclelawfirm@gmail.com 9868184236
 3

Off: 011 432230009

Mob : 9810030009

Place: New Delhi

Date:
 4

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)
CRL.M.A. No.__________ of 2022
IN
CRL.M.C. NO. 2553 of 2020
IN THE MATTER OF
Som Prakash Nanda ...Petitioner

Versus

State of NCT Delhi & Anr.

...Respondents

COURT FEE

Respondent No. 2 Petitioner

FILED BY :

Arvind Kr. Shukla & Ziya Sushma Singh, Advocate

Ahmad Counsel for Petitioner
Advocate for the Respondent No. Ch. No. 433 (4TH Floor),
2 M.C. Setalvad Lawyers Chamber,
For PINNACLE LAW FIRM Supreme Court of India
Office at : - 1/24, Regal Building New Delhi -110001
Connaught Place, Email :
New Delhi-110001 sushmasingh77@gmail.com
Email : Mob : 8178777233,
pinnaclelawfirm@gmail.com 9868184236
Off: 011 432230009
Mob : 9810030009

Place: New Delhi

 5

Date:
 6

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)
CRL.M.A. No.__________ of 2022
IN
CRL.M.C. NO. 2553 of 2020
IN THE MATTER OF
Som Prakash Nanda ...Petitioner

Versus

State of NCT Delhi & Anr.

...Respondents

An application for withdrawl of Crl. M.C.

NO.2553/2020 on behalf of the Petitioner
And the Respondent NO.2

The Hon’ble Chief Justice of High

Court of Delhi and Companion Justices
of Hon’ble High Court of Delhi at New Delhi.
The humble joint application of the
petitioner and the respondent no.2 are
above named:-
Most Respectfully Showeth:

1. That the above noted joint petition has been filed by the

petitioner and the respondent no. 2 for quashing of the F.I.R.

No. 0372 of 2019 dated 03.09.2019 registered at Police

Station Palam Village District – South-West, Delhi under

section 376/506 IPC and the Final Report/Charge Sheet No. 3

 7

dated 31.10.2019 under section 173 Cr. P.C. as well as the

charge farming by the Ld. Additional Sessions Judge (FTSC)

Dwarka Court, New Delhi vide order dated 03.03.2020 under

section 376(2)/506 IPC in Sessions Case No. 940 of 2019.

2. That the facts and circumstances have been stated in

great detail in the accompanying petition hence the same are

not repeated herein for the sake of brevity however, the both

the petitioner and respondent no.2 crave your lordships leave

to treat the same as part and parcel of the instant application

also.

3. That the above noted petition is pending before this

Hon’ble Court and the above noted matter is coming up for

hearing on 26.09.2022 for further proceedings.

4. That since there was no stay on the proceedings of the

Sessions Case. The aforesaid Sessions case was proceeded

further as per law before the Ld. Additional Session Judge and

the respondent no.2 did not wish to proceed further hence the

respondent no.2 declared as hostile witness by the Ld.

Additional Sessions Judge vide order dated 11.04.2022.

Accordingly, the petitioner was acquitted from the aforesaid

 8

charges vide order dated 11.04.2022 by the Ld. ASJ, (FTSC)

Dwarka Court, Delhi. The aforesaid order and judgement was

received on 30.4.2022 by the local counsel at Dwarka Court,

Delhi. A Certified copy of the order dated 11.04.2022 is

annexed and marked as Annexure PR-1 to this application.

5. That in the light of the above circumstances, instant Crl.

M. C. shall be withdrawn so that both the parties can live

peacefully and in harmony within their community without

having any trouble.

6. That the balance of convenience is also in favour of the

petitioner and the respondent no. 2 and the petitioner and

the respondent no.2 no more wishes to pursue the instant Crl.

M.C. and seeks permission from this Hon'ble Court to

withdraw the same in the interest justice.

PRAYER

It is, therefore, most respectfully prayed that this

Hon’ble Court may very graciously be pleased to:

(a) take on record the order dated 11.04.2022 passed by

Ld. Sh. Sushil Anuj Tyagi, ASJ (FTSC) (RC), South West
District, Dwarka Courts, New Delhi in the case being SC No.
940/2019 entitled as STATE VS. Som Parkash.
 9

(b) allow both thepetitioner and the respondent no.2

withdraw the instant Crl. Misc. Case No. 2553 of 2020;

(c) further issue necessary directions, if any;

(d) Pass such other or further order(s) which this Hon’ble

Court may deem fit and proper in the interest of justice.

Respondent No. 2 Petitioner

FILED BY :

Arvind Kr. Shukla & Ziya Sushma Singh, Advocate

Ahmad Counsel for Petitioner
Advocate for the Respondent No. Ch. No. 433 (4TH Floor),
2 M.C. Setalvad Lawyers Chamber,
For PINNACLE LAW FIRM Supreme Court of India
Office at : - 1/24, Regal Building New Delhi -110001
Connaught Place, Email :
New Delhi-110001 sushmasingh77@gmail.com
Email : Mob : 8178777233,
pinnaclelawfirm@gmail.com 9868184236
Off: 011 432230009
Mob : 9810030009

Place: New Delhi

Date:
 10

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)
CRL.M.A. No.__________ of 2022
IN
CRL.M.C. NO. 2553 of 2020
IN THE MATTER OF
Som Prakash Nanda ...Petitioner

Versus

State of NCT Delhi & Anr.

...Respondents

AFFIDAVIT
I, Som Prakash Nanda S/o Late Sh. Kanhaiya Lal aged about __

years R/o Lodho Wali Gali Devipura-II, Bulandshahr, Uttar

Pradesh presently at New Delhi do hereby solemnly affirm

and declare as under:-

1. I, am Petitioner in the above noted case as such being

conversant with the facts and circumstances of the

present case, am competent to swear this affidavit.

2. That I have gone through the contents of the

accompanying Joint application for withdrawl of the

Crl.M.C. No. 2553/2020 and the contents therein are

true and correct as per my knowledge to the best of my

knowledge derived from the records maintained by me.

 11

3. That the contents of para no. 1 to 6 of the application

are drafted by my counsel and based on legal advice

received from the counsel of the petitioner which the

petitioner believes to be true.

4. I say that Annexure PR-1 is its certified copy of the order

dated 11.04.2022 issued by the office of Ld. ASJ, (FTSC),

Dwarka Court Delhi, New Delhi..

DEPONENT

VERIFICATION :

Verified at New Delhi on this 19 day of July, 2022 that

the contents of above affidavit are true and correct to my

knowledge based on records and information received and

believed to be true, no part of it is false and nothing material

has been concealed therefrom.

DEPONENT
 12

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)
CRL.M.A. No.__________ of 2022
IN
CRL.M.C. NO. 2553 of 2020
IN THE MATTER OF
Som Prakash Nanda ...Petitioner
Versus

State of NCT Delhi & Anr.

...Respondents

AFFIDAVIT

I, Seema Sheoran W/o Sh. Late Shri Pawan Kumar, Aged about __

years, R/o H.NO. 493, Amarmaya Enclave, Chandpur Road,

Bulandshaahr, Uttar Pradesh presently at New Delhi do hereby

solemnly affirm and declare as under:-

1. I am Respondent no. 2 in the above noted case as such

being conversant with the facts and circumstances of the

present case, am competent to swear this affidavit.

2. That I have gone through the contents of the

accompanying Joint application for withdrawl of the Crl.M.C.

No. 2553/2020 and the contents therein are true and correct

as per my knowledge to the best of my knowledge derived

from the records maintained by me.

 13

3. That the contents of para no. 1 to 6 of the application

are drafted by my counsel and based on legal advice received

from the counsel of the petitioner which the petitioner

believes to be true.

4. I say that Annexure PR-1 is its certified copy of the order

dated 11.04.2022 issued by the office of Ld. ASJ, (FTSC),

Dwarka Court Delhi, New Delhi..

DEPONENT

VERIFICATION :

Verified at New Delhi on this 19 day of July, 2022 that

the contents of above affidavit are true and correct to my

knowledge based on records and information received and

believed to be true, no part of it is false and nothing material

has been concealed therefrom.

DEPONENT
 14

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)
CRL.M.A. No.__________ of 2022
IN
CRL.M.C. NO. 2553 of 2020
IN THE MATTER OF
Som Prakash Nanda ...Petitioner
Versus

State of NCT Delhi & Anr.

...Respondents

Proof of Service

State of NCT Delhi.

Respondent No. 2 Petitioner

FILED BY :

Arvind Kr. Shukla & Ziya Sushma Singh, Advocate

Ahmad Counsel for Petitioner
Advocate for the Respondent No. Ch. No. 433 (4TH Floor),
2 M.C. Setalvad Lawyers Chamber,
For PINNACLE LAW FIRM Supreme Court of India
Office at : - 1/24, Regal Building New Delhi -110001
Connaught Place, Email :
New Delhi-110001 sushmasingh77@gmail.com
Email : Mob : 8178777233,
pinnaclelawfirm@gmail.com 9868184236
Off: 011 432230009
Mob : 9810030009

Place: New Delhi

 15

Date:

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)
CRL.M.A. No.__________ of 2022
IN
CRL.M.C. NO. 2553 of 2020
IN THE MATTER OF
Som Prakash Nanda ...Petitioner
Versus

State of NCT Delhi & Anr.

...Respondents
INDEX
Sr. No Particulars Page No.

1. Urgent application 1
2. Notice of Motion 2
3. Court Fee 3
4. An application for Withdrawl of 4 - 11
CRl.M.C. No. 2553/2020 along with
Affidavit of Petitioner and the
Respondent No.2
5. Proof of Service. 12

Respondent No. 2 Petitioner

FILED BY :

Arvind Kr. Shukla & Ziya Sushma Singh, Advocate

Ahmad Counsel for Petitioner
Advocate for the Respondent No. Ch. No. 433 (4TH Floor),
2 M.C. Setalvad Lawyers Chamber,
For PINNACLE LAW FIRM Supreme Court of India
Office at : - 1/24, Regal Building New Delhi -110001
Connaught Place,New Delhi- Email :
110001 sushmasingh77@gmail.com
 16

Email : Mob : 8178777233,

pinnaclelawfirm@gmail.com 9868184236
Off: 011 432230009
Mob : 9810030009
Place: New Delhi
Date: