IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

IN THE MATTER OF :
Danish Ameer & Ors.

OF 2012

..Petitioners
Versus

State (NCT of Delhi) & Anr.

..Respondents
INDEX

S. No

PARTICULARS

PAGES

1.

Notice of Motion

2.

Urgent Application

3.

List of dates and events

4.

Memo of Parties

5.

Petition under section 482 Cr.P.C, seeking quashing of

FIR No.157/2011 u/s 498A/406 IPC registered at Police
Station Lahori Gate and proceedings arising therefrom
alongwith supporting affidavits.

6-15

6.

Affidavit of Respondent No.2 in support of quashing of

FIR and proceedings arising therefrom.

16-17

7.

Annexure P-1[Colly]
Copy of FIR No.157/2011 with fair typed copy and
English translation.

18-35

8.

Annexure P-2
Copy of settlement dated 24.03.2012 between the parties
before Mediation Centre, Tis Hazari Courts.

36-39

9.

Annexure P-3
Copy of order dated 09.04.2012 passed by Ld. DJ &
ASJ, Delhi.

40

10.

Annexure P-4 [Colly]

Copy of identity proof of the parties.

41-46

11.

Application u/s 482 Cr.P.C. seeking exemption from

filing certified copies of the orders alongwith supporting
affidavit.
Vakalatnama

47-48

12.

3-4
5

49

(M. TARIQUE SIDDIQUI)

Advocate for the Petitioners
379, Lawyers Chamber Block-II,
Delhi High Court, New Delhi.
New Delhi
Dated: 17.09.2012

Mobile: 9811202991

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

..PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

..RESPONDENTS

NOTICE OF MOTION

To,
The Standing Counsel (Criminal)
State (NCT of Delhi),
Delhi High Court,
New Delhi.
Sir,
Take notice that the matter will be listed on 19.09.2012 at
10.30 O Clock in the forenoon or soon thereafter as may be convenient
to the Court.

New Delhi
Dated: 17.09.2012

(M. TARIQUE SIDDIQUI)

Advocate for the Petitioners
379, Lawyers Chamber Block-II,
Delhi High Court, New Delhi.
Mobile: 9811202991.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

..PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

..RESPONDENTS

URGENT APPLICATION
To
The Registrar,
Delhi High Court,
New Delhi.
Sir,
Kindly treat the accompanying Petition for directions as an urgent
one as per rules and orders of this Honble Court.
The grounds of urgency are Necessary directions are sought for.

New Delhi
Dated: 17.09.2012

(M. TARIQUE SIDDIQUI)

Advocate for the Petitioners,
379, Lawyers Chamber Block-II,
Delhi High Court, New Delhi.
Mobile: 9811202991

LIST OF DATES AND EVENTS

12.12.2009 The petitioner No.1 got married with respondent No.2 at

Delhi as per Muslim rites and customs. The marriage
between the petitioner No.1 and respondent No.2 was
consummated and out of the said wedlock a child was
born.
14.09.2010

The petitioner No.1 and respondent No.2 were having

differences which resulted into marital discord due to
which from 14.09.2010 onwards, the respondent No.2
started living at her parental home.

02.12.2011 The respondent No.2 made a complaint to the police

against the petitioners alleging harassment for bringing
insufficient dowry and FIR No. 157/2011 U/s 498A/406
IPC at P.S. Lahori Gate, Delhi was lodged.
The petitioners moved anticipatory bail application
before the court of Ld. DJ & ASJ, Delhi in FIR No.
157/2011. The matter was referred to Mediation Centre,
Tis Hazari Courts for an amicable settlement.
24.03.2012 During the process of mediation, the parties settled their
dispute and the husband [petitioner No.1] and the wife
[respondent No.2] agreed to live together. All the
jewellery articles have been handed over by the
petitioners to the respondent No.2.
09.04.2012 In view of the settlement between the parties before the
Mediation

Centre,

the

petitioners

were

granted

anticipatory bail by Ld. DJ & ASJ, Delhi.

After the settlement dated 24.03.2012, the petitioner

No.1 and Respondent No.2 are living together as

husband and wife, therefore, Respondent No.2 does not

wish to pursue the said FIR and proceedings arising
therefrom against the petitioners.
Hence, in the interest of justice and in the betterment &
welfare of the parties, it would be appropriate if the FIR
and the proceedings arising from the said FIR No.
157/2011 registered at P.S. Lahori Gate are quashed.
Hence this petition.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.
IN THE MATTER OF :
Danish Ameer & Ors.

OF 2012

..Petitioners
Versus

State (NCT of Delhi) & Anr.

..Respondents

MEMO OF PARTIES
1.

Danish Ameer
S/o Shri Ameer Ahmad,

2.

Ahmar Ameer @ Ahmer Amir

S/o Shri Ameer Ahmad

3.

Nasreen Bano
W/o Shri Ameer Ahmad

4.

Ameer Ahmed
S/o Shri Zamir Ahmed
All Resident of:
C-33, Ground Floor,
Nizamuddin East,
New Delhi

5.

Aliya Faisal @ Aalia Faisal

W/o Mohd Faisal Hussain
R/o 72, Faisal Manzil,
Zakir Nagar, Main Road,
Okhla, New Delhi.

PETITIONERS
VERSUS

1.

State (NCT of Delhi)

2.

Nabiha Danish @ Nabeeha

W/o Shri Danish Ameer,
R/o C-33, Ground Floor,
Nizamuddin East,
New Delhi
Also At
3/1145, Phatak Rang Mahal,
Behind Novelty Cinema
Delhi

..RESPONDENTS

(M. TARIQUE SIDDIQUI) (ADITYA GAUR)

Advocates for the Petitioners,
379, Lawyers Chamber Block-II,
Delhi High Court, New Delhi.
New Delhi
Dated: 17.09.2012

Mobile: 9811202991

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

..PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

..RESPONDENTS

PETITION UNDER SECTION 482 OF THE CODE OF

CRIMINAL PROCEDURE, SEEKING QUASHING OF
FIR NO.157/2011 UNDER SECTION 498A/406 INDIAN
PENAL CODE REGISTERED AT POLICE STATION
LAHORI

GATE

AND

PROCEEDINGS

ARISING

THEREFROM.

MOST RESPECTFULLY SHOWETH:1.

That the petitioners are law abiding citizens of India

having deep roots in the society.

2.

That

the

marriage

between

petitioner

no.1

and

respondent no.2 was solemnized as per Muslim personal

law, rites and customs on 12.12.2009 at Delhi.

3.

That after the solemnization of their marriage the

respondent no.2 joined the matrimonial home at the
residence of petitioner no.1 and the marriage was
consummated and one girl child namely Ridah was born
in the said wedlock on 23.02.2011.

4.

That the petitioner no.1 and the respondent no.2 on account of

differences could not pull on together peacefully and smoothly as
husband and wife which resulted into marital discord due to which
from 14.09.2010 onwards, the respondent No.2 was living at her
parental home.

5.

That on 02.12.2011, the respondent No.2 made a complaint to the

police against the petitioners alleging harassment for bringing
insufficient dowry and the FIR No.157/2011 was lodged U/s
498A/ 406 IPC at P.S. Lahori Gate, Delhi. True typed copy of FIR
No.157/2011 alongwith its English translation are annexed
herewith as Annexure-P-1(Colly).

6.

That the petitioners moved anticipatory bail application before the

court of Ld. DJ & ASJ, Delhi in FIR No. 157/2011. The matter
was referred to Mediation Centre, Tis Hazari Courts for an
amicable settlement.

7.

That on 24.03.2012, during the process of mediation at Mediation

Centre, Tis Hazari Courts, Delhi, the parties settled their dispute
and the husband [petitioner No.1] and the wife [respondent No.2]
agreed to live together. All the jewellery articles have been handed
over by the petitioners to the respondent No.2. The terms of the
settlement have been recorded in the settlement proceeding dated

24.03.2012. Copy of settlement dated 24.03.2012 is annexed

herewith as Annexure-P-2.

8.

In view of the settlement between the parties before the Mediation

Centre, Tis Hazari Courts, Delhi, the petitioners were granted
anticipatory bail on 09.04.2012 by Ld. DJ & ASJ, Delhi. Copy of
order dated 09.04.2012 passed by Ld. DJ & ASJ, Delhi is annexed
herewith as Anneure-P-3.

9.

After the settlement dated 24.03.2012, the petitioner No.1 and

Respondent No.2 are living together as husband and wife. The
respondent No.2 has amicably resolved and settled all the issues
with the petitioners. Now all the differences and misunderstanding
have been sorted out and no claim of any nature remains between
the parties. Therefore, Respondent No.2 does not wish to pursue
the said FIR and proceedings arising therefrom against the
petitioners.

10.

That the respondent no.2 had agreed to withdraw all her

allegations leveled against the petitioners and also agree not to
proceed the case against the petitioners, in the said FIR
No.157/2011 U/s 498-A/406 IPC, P.S.- Lahori Gate, Delhi. The
respondent No.2 has also undertaken to assist the petitioners in
quashing the said FIR. The affidavit of respondent No.2 in support
of the present petition is being filed with the petition.

11.

That all the jewellery articles have already been returned to the
respondent no. 2 by the petitioners. The petitioner No.1 and
Respondent No.2 are living together as husband and wife at the
matrimonial home and there is no dispute between the parties.

12.

That the disputes between the petitioners and respondent No.2

was an unfortunate phase of their respective lives which
everybody including Respondent No.2 wants to forget and now
the respondent No.2 has no grievance against the petitioners.

13.

That the respondent No.2 has already undertaken to assist in

quashing the said FIR No. 157/2011, hence, in the interest of
justice and in the betterment & welfare of the parties, it would be
appropriate if the FIR and the proceedings arising from the said
FIR are quashed.

14.

That Respondent No.2 does not wish to pursue the FIR No.
157/2011, and proceedings arising therefrom against the
petitioners, and no useful purpose would be served in proceeding
with the instant FIR. Copy of the identity proof of the petitioners
and respondent No.2 is annexed as Annexure-P-4 (Colly).

15.

That the petitioners have not filed any similar petition before this
Honble Court and before Supreme Court of India.

16.

That the Annexures to the petition are true/certified copies of the

respective originals.
PRAYER

In view of the facts and circumstances it is most respectfully prayed that

this Honble Court may graciously be pleased to;
a) Quash the instant FIR No.157/2011 U/s 498-A/406 IPC, P.S.Lahori Gate, Delhi, and the proceedings arising therefrom,
b) Pass any other order(s) which this Honble Court may deem fit
and proper in the circumstances of the case

PETITIONERS
THROUGH

New Delhi
Dated : 17.09.2012

(M. TARIQUE SIDDIQUI) & (ADITYA GAUR)

Advocates for the Petitioners
379, Lawyers Chamber Block-II,
Delhi High Court, New Delhi.
Mobile: 9811202991

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

RESPONDENTS

AFFIDAVIT
I, Danish Ameer S/o Ameer Ahmed, aged about 33 years, R/o C-33,
Ground Floor, Nizamuddin East, New Delhi, do hereby solemnly affirm
and declare as under:
1. That I am petitioner No.1 in the above mentioned petition and am
fully conversant with the facts and circumstances of the case,
therefore, competent to swear present affidavit.
2. That the accompanying Petition under section 482 of the Code of
Criminal Procedure, seeking quashing of FIR No.157/2011
U/s 498A/406 IPC at P.S. Lahori Gate, Delhi and proceedings
arising therefrom, has been drafted on my instruction. I have
understood the same in vernacular and the same are true and
correct to the best of my knowledge.
3. That the Annexure filed by me alongwith the petition are true
copies of their respective originals.
Deponent
VERIFICATION:Verified at New Delhi on this

day of September, 2012 that the

contents of the above affidavit are true and correct to my knowledge. No

part of it is false and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

..PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

..RESPONDENTS

AFFIDAVIT
I, Ahmar Ameer @ Ahmer Amir S/o Ameer Ahmed, aged about 34 years,
R/o C-33, Ground Floor, Nizamuddin East, New Delhi, do hereby
solemnly affirm and declare as under:
1.

That I am petitioner No.2 in the above mentioned petition and am

fully conversant with the facts and circumstances of the case,
therefore, competent to swear present affidavit.

2.

That the accompanying Petition under section 482 of the Code of

Criminal Procedure, seeking quashing of FIR No.157/2011
U/s 498A/406 IPC at P.S. Lahori Gate, Delhi and proceedings
arising therefrom, has been drafted on my instruction. I have
understood the same in vernacular and the same are true and
correct to the best of my knowledge.

Deponent
VERIFICATION:Verified at New Delhi on this

day of September, 2012 that the

contents of the above affidavit are true and correct to my knowledge. No

part of it is false and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

..PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

..RESPONDENTS

AFFIDAVIT
I, Nasreen Bano W/o Ameer Ahmed, aged about 60 years, R/o C-33,
Ground Floor, Nizamuddin East, New Delhi, do hereby solemnly affirm
and declare as under:
1. That I am petitioner No.3 in the above mentioned petition and am
fully conversant with the facts and circumstances of the case,
therefore, competent to swear present affidavit.
2. That the accompanying Petition under section 482 of the Code of
Criminal Procedure, seeking quashing of FIR No.157/2011
U/s 498A/406 IPC at P.S. Lahori Gate, Delhi and proceedings
arising therefrom, has been drafted on my instruction. I have
understood the same in vernacular and the same are true and
correct to the best of my knowledge.

Deponent
VERIFICATION:Verified at New Delhi on this

day of September, 2012 that the

contents of the above affidavit are true and correct to my knowledge. No

part of it is false and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

..PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

..RESPONDENTS

AFFIDAVIT
I, Ameer Ahmed S/o Shri Zamir Ahmed aged about 63 years, R/o C-33,
Ground Floor, Nizamuddin East, New Delhi, do hereby solemnly affirm
and declare as under:
1. That I am petitioner No.4 in the above mentioned petition and am
fully conversant with the facts and circumstances of the case,
therefore, competent to swear present affidavit.
2. That the accompanying Petition under section 482 of the Code of
Criminal Procedure, seeking quashing of FIR No.157/2011
U/s 498A/406 IPC at P.S. Lahori Gate, Delhi and proceedings
arising therefrom, has been drafted on my instruction. I have
understood the same in vernacular and the same are true and
correct to the best of my knowledge.

Deponent
VERIFICATION:Verified at New Delhi on this

day of September, 2012 that the

contents of the above affidavit are true and correct to my knowledge. No

part of it is false and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

..PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

..RESPONDENTS

AFFIDAVIT
I, Aliya Faisal @ Aalia Faisal W/o Mohd Faisal Hussain aged about
35 years R/o 72, Faisal Manzil, Zakir Nagar, Main Road, Okhla, New
Delhi, do hereby solemnly affirm and declare as under:
1. That I am petitioner No.5 in the above mentioned petition and am
fully conversant with the facts and circumstances of the case,
therefore, competent to swear present affidavit.
2. That the accompanying Petition under section 482 of the Code of
Criminal Procedure, seeking quashing of FIR No.157/2011
U/s 498A/406 IPC at P.S. Lahori Gate, Delhi and proceedings
arising therefrom, has been drafted on my instruction. I have
understood the same in vernacular and the same are true and
correct to the best of my knowledge.

Deponent
VERIFICATION:Verified at New Delhi on this

day of September, 2012 that the

contents of the above affidavit are true and correct to my knowledge. No

part of it is false and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

Criminal Misc. Case. No.

OF 2012

IN THE MATTER OF :
DANISH AMEER & ORS.

..PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

..RESPONDENTS

AFFIDAVIT
I, Nabiha Danish @ Nabeeha W/o Shri Danish Ameer aged about

22 years R/o C-33, Ground Floor, Nizamuddin East, New Delhi, also
at 3/1145, Phatak Rang Mahal, Behind Novelty Cinema, Delhi, do
hereby solemnly affirm and declare as under:
1.

That I am respondent No.2 in the above mentioned petition and am

fully conversant with the facts and circumstances of the case,
therefore, competent to swear the present affidavit.

2.

That the Deponent/Respondent No.2 and Petitioner No.1 were

married on 12.12.2009 as per Muslim personal law, rites and
customs. The marriage was consummated and one girl
child namely Ridah was born in the said wedlock on
23.02.2011. But due to differences between the petitioner no.1
and the respondent no.2 which resulted into marital discord the
respondent No.2 started living at her parental home from
14.09.2010 onwards.

3.

That on 02.12.2011, the respondent No.2 made a complaint to the

police against the petitioners alleging harassment for bringing
insufficient dowry and the FIR No.157/2011 was lodged U/s 498A/
406 IPC at P.S. Lahori Gate.

4.

That on 24.03.2012, during the process of mediation at Mediation

Centre, Tis Hazari Courts, Delhi, the parties settled their dispute
and the husband [petitioner No.1] and the wife [respondent No.2]

agreed to live together. All the jewellery articles have been handed
over by the petitioners to the respondent No.2. The terms of the
settlement have been recorded in the settlement proceeding dated
24.03.2012.
5.

That the deponent has amicably resolved and settled all the issues
with the petitioners. Now all the differences and misunderstanding
have been sorted out and no claim of any nature remains between
the parties. Therefore, Respondent No.2 does not wish to pursue the
said FIR and proceedings arising therefrom against the That the
disputes between the petitioners and respondent No.2 was an
unfortunate phase of their respective lives which everybody
including Respondent No.2 wants to forget and now the respondent
No.2 has no grievance against the petitioners.

6.

Therefore, it would be in the interest of justice and in the betterment

& welfare of the parties, that the FIR and the proceedings arising
from the said FIR be quashed.

7.

That the Respondent No.2 does not wish to pursue the said FIR No.
157/2011, and proceedings arising therefrom against the petitioners,
and no useful purpose would be served in proceeding with the
instant FIR. The deponent has no objection if the said FIR is
quashed by this Honble Court.

8.

That this Affidavit has been drafted on my instruction. I have

understood the same in vernacular and the same are true and correct
to the best of my knowledge.
Deponent

VERIFICATION:Verified at New Delhi on this

day of September, 2012 that the

contents of the above affidavit are true and correct to my knowledge. No

part of it is false and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. M.A. No.
of 2012
in
Criminal Misc. Case. No.
OF 2012
IN THE MATTER OF :
DANISH AMEER & ORS.

PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

RESPONDENTS

AFFIDAVIT
I, Danish Ameer S/o Ameer Ahmed, aged about 33 years, R/o C-33,
Ground Floor, Nizamuddin East, New Delhi, do hereby solemnly affirm
and declare as under:
1. That I am petitioner No.1 in the above mentioned petition and am
fully conversant with the facts and circumstances of the case,
therefore, competent to swear present affidavit.
2. That the accompanying application under section 482 of the Code
of Criminal Procedure, has been drafted on my instruction. I have
understood the same in vernacular and the same are true and
correct to the best of my knowledge.

Deponent
VERIFICATION:Verified at New Delhi on this

day of September, 2012 that the

contents of the above affidavit are true and correct to my knowledge. No

part of it is false and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. M.A. No.
of 2012
in
Criminal Misc. Case. No.
OF 2012
IN THE MATTER OF :
DANISH AMEER & ORS.

PETITIONERS
VERSUS

STATE (NCT OF DELHI) & ANR.

RESPONDENTS

APPLICATION UNDER SECTION 482 Cr.P.C. ON BEHALF

OF THE PETITIONERS.
MOST RESPECTFULLY SHOWETH:
1.

That the petitioners have filed the accompanying petition u/s 482
Cr.P.C. and the contents of the same may also be read as part and
parcel of this application.

2.

That the petitioners have not filed the certified copies of the
orders / annexures alongwith the petition and undertakes to file
the certified copies of the orders/ annexures filed with the present
petition as and when directed by this Honble Court.
PRAYER
It is therefore respectfully prayed that the petitioner may
kindly be exempted from filing certified copies of the orders/
annexures in the interest of justice.
PETITIONERS
Through

New Delhi
Dated: 17.09.2012

(M. TARIQUE SIDDIQUI)

Counsel for the Petitioners
379, Lawyers Chamber Block-II,
Delhi High Court,
New Delhi-110003.