IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. M.C. No. _______/2025

IN THE MATTER OF:

Sanni Tanwar & Anr. ... PETITIONER

Vs.

State of NCT Of Delhi & Anr. …RESPONDENT

INDEX

Sr. No. Particulars Page Nos.

1. Notice of Motion 1.

2. Urgent Application 2.

3. Consolidated Court Fees 3.

4. Memo of Parties 4-

5. Petitioner U/s 482 Cr.P.C. on behalf of the Petitioners

for quashing of FIR No. 0364/2022 PS: FATEHPUR
BERI, U/s 307/34 Indian Penal Code (IPC) 1860 read
with U/s 109/3(5) of Bharatiya Nyaya Sanhita (BNS)
2023.

6. Annexure- A 1

Copy of MOU dated __. __.2025, wherein the

complainant / respondent no 2 entered into an
agreement/settlement with Petitioner No. 1&2.
 7. Annexure- A 2

FIR No. 0364/2022 PS: FATEHPUR BERI, U/s

307/34 Indian Penal Code (IPC) 1860 read with U/s
109/3(5) of Bharatiya Nyaya Sanhita (BNS) 2023.

8. Vakalatnama

Petitioner 1&2

Place: New Delhi Through:

Date:

NAZMA AKHTAR (ADV)

D/2013/2009
CHAMBER NO. 111
DELHI HIGH COURT
NEW DELHI - 110003
+91-9899494459
 IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. M.C. No. _______/2025

NOTICE OF MOTION

IN THE MATTER OF:

Sanni Tanwar & Anr. ... PETITIONER

Vs.

State of NCT Of Delhi & Anr. …RESPONDENT

To,

The Standing Counsel (Criminal)

High Court of Delhi

New Delhi

Sir,

Please find enclosed herewith the copy of the petition, filed by the above-
named Petitioners. The same is likely to be listed before the Hon’ble Court
on _________________ or any other date thereafter.

Petitioner 1&2

Place: New Delhi Through:

Date: NAZMA AKHTAR (ADV)

D/2013/2009
CHAMBER NO 111
DELHI HIGH COURT
NEW DELHI - 110003
+91-989949445
 IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. M.C. No. _______/2025

IN THE MATTER OF:

Sanni Tanwar & Anr. ... PETITIONER

Vs.

State of NCT Of Delhi & Anr. …RESPONDENT

URGENT APPLICATION

To

The Registrar

High Court of Delhi

New Delhi

Sir,

Will you kindly treat the accompanying application as an urgent one in

accordance with the High Court Rules and Orders?

The Grounds of Urgency are:

“Quashing of the present FIR 0364/2022 P.S. Fatehpur Beri U/s 307/34 of
Indian Penal Code 1860 read with U/s 109/3(5) of Bharatiya Nyaya Sanhita
2023”.
 Petitioner 1&2

Place: New Delhi Through:

Date:

NAZMA AKHTAR (ADV)

D/2013/2009
CHAMBER NO __
DELHI HIGH COURT
NEW DELHI - 110003
+91-9899494459
 IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. M.C. No. _______/2025

IN THE MATTER OF:

Sanni Tanwar & Anr. ... PETITIONER

Vs.

State of NCT Of Delhi & Anr. …RESPONDENT

Memo of Parties

1. Sh. Sanni Tanwar S/o Rameshwar

R/o 12, Hanuman Mandir, Gurjar Mohalla
Chandan Hola, South Delhi, Delhi-110074
2. Sh. Harish S/o Sh. Ishwar Singh
R/o 152/5, Chhatarpur Ext,
Chhatarpur, Delhi- 110074 …. Accused/Petitioners

Versus

1. State of NCT of Delhi

Through its Standing Counsel (Crl.)
Govt. of NCT OF Delhi,
Delhi High Court, New Delhi

2. Abhimanyu Tanwar
S/o Mahipal Singh
R/o H.no. 39, Gurjar Mohalla,
Chandan Hola, South Delhi, Delhi - 110074 …Respondents
 Petitioner 1&2

Place: New Delhi Through:

Date:

NAZMA AKHTAR (ADV)

D/2013/2009
CHAMBER NO __
DELHI HIGH COURT
NEW DELHI – 110003
+91-9899494459
 IN THE HIGH COURT OF DELHI

AT NEW DELHI

Crl. M.C. No. /2025

(ARISING OUT OF IMPUGNED FIR NO.0364, YEAR 2022,

REGISTERED AT POLICE STATION- FATEHPUR BERI, NEW

DELHI UNDER SECTION 307/34 INDIAN PENAL CODE 1860 43AD

WITH ________________________)

1. Sh. Sanni Tanwar S/o Rameshwar

R/o 12, Hanuman Mandir, Gurjar Mohalla
Chandan Hola, South Delhi, Delhi-110074
2. Sh. Harish S/o Sh. Ishwar Singh
R/o 152/5, Chhatarpur Ext,
Chhatarpur, Delhi- 110074 …. Accused/Petitioners

Versus

1. State of NCT of Delhi

Through its Standing Counsel (Crl.)
Govt. of NCT OF Delhi,
Delhi High Court, New Delhi

2. Abhimanyu Tanwar
S/o Mahipal Singh
R/o H.no. 39, Gurjar Mohalla,
Chandan Hola, South Delhi, Delhi - 110074 …Respondent
 CRIMINAL PETITION UNDER SECTION 528 OF BNSS (Vis 482

CRPC OLD SECTION). SEEKING FOR QUASHING OF CRIMINAL

PROCEEDING ARISING OUT OF THE FIR NO. 0364 OF 2022,

REGISTERED AT POLICE STATION FATEHPUR BERI, DELHI

UNDER SECTION 307/34 IPC.

MOST RESPECTFULLY SHOWETH:

1. That the petitioners above named are citizens of India, and presently

residing at the abovementioned address.

2. That the amicable settlement arrived between Petitioners 1&2 and

respondent no. 2 due to which present application is being filed and

preferred by the above-named Petitioners seeking quashing of the FIR

no. 0364 of 2022, registered at Police Fatehpur Beri, New Delhi,

under Section 307/34 IPC. The present FIR has been in total disregard

to the settled principles of law and various judgments pronounced by

this Hon’ble Court. The impugned FIR is liable to be quashed, set

aside and cancelled being contrary to law. Further the copy of the FIR

no. 0364 of 2022, registered at Police Station Model Town, New

Delhi, under Section 307/34 IPC is annexed herewith and marked as

Annexure – A1.

ALLEGATIONS IN THE CAPTIONED FIR:

1) That the allegations are made by one Bablu S/o Sh. Shiv Sankar R/o H.no.

18, Chandan Hola New Delhi, that on dated 28.08.2022 at around 12.00 AM

Respondent no. 2 Sh. Abhimanyu Tanwar parked his car bearing no. DL
 3CCM 0677 and stepped out to buy cigarettes and after that he went back

inside his car and started smoking.

2) That, as per allegations, that one swift car approached from behind with 3

passengers inside the said car and asked the respondent no. 2 to move the

parked car as they also want to purchase cigarettes.

3) That, as per allegations, that respondent no. 2 denied to move the car and all

3 passengers stepped out of the car and approached the car of the respondent

no. 2 and shattered the window mirror of the respondent no. 2’s car and

started assaulting respondent no. 2.

4) It is further alleged that they were keep calling their names and keep on

saying Deepak keep assaulting him and Deepak kept saying Haresh eject

him from his vehicle then we will assault him.

5) It is further alleged that later alleged Deepak and Haresh started assaulting

the respondent no. 2 with sharp object which looked like a screwdriver. That

they assaulted the respondent no.2’s chest, stomach and arms on many

occasions. Which lead to several injuries and respondent no. 2 dropped on

the spot and in meanwhile alleged persons ran away after throwing the

alleged screwdriver on the spot of incident. Then respondent no. 2 made

calls and informed the alleged incident further asked somebody to come 2-

3 people appeared after some calls and they took respondent no. 2 to AIIMS

Trauma Centre.

FACTUAL MATRIX OF THE CASE:

1. That P.S. Fatehpur Beri registered FIR No. 0364/2022 dated

28.08.2022 U/s 307/34 IPC 1860 against petitioner on the statement

 of one Sh. Bablu S/o Sh. Shiv Sankar R/o H.no. 18, Chandan Hola

New Delhi.

2. That the protection was granted to Petitioner no. 2 vis Bail application

no. 1727/2022 in the order dated 08.09.2022 by Ld. ASJ/Spl.

FTC/South District. The copy of order dated 08.09.2022 is annexed

herewith as Annexure A2.

3. That the Petitioners are absolutely innocent and has been falsely

implicated in the present case. The facts narrated herein below would

make it evident that the allegations leveled in the FIR are totally false,

concocted and perverse and are actuated with mala fide intention on

the part of the Complainant/Respondent.

4. That Petitioner and Respondent no. 2 are known to each other and are

family relatives.

5. That in the Impugned FIR, there is no whisper of the Petitioner’s and

fight/misunderstanding arose on dated 28.08.2022 which ultimately

disrupted the peace and harmony of the both the families and

threatened to resort to Litigation.

6. It is falsely alleged that the petitioner no. 1 & 2 has assaulted the

Respondent no. 2 as the petitioner not only helped out respondent. No.

2 to reach out to hospital but also cover wounds of respondent no. 2

with his own shirt and vest. Which ultimately shows the bonding

between both the families and human nature of the petitioner no. 1.

7. That, since the allegations contained in the FIR are non-

compoundable and since the petitioners have already compromised

 with the respondent no. 2 in the above-mentioned case with the

intervention of relatives and well-wishers.

8. That the respective ID proofs of the petitioners are annexed herewith

as annexure A3.

9. That the Accused/Applicant seeks indulgence of this Hon’ble Court

to Quash the FIR no. 0364/2022 P.S. Fatehpur Beri on the following

grounds:

GROUNDS OF QUASHING:

1. That with the intervention if both the families and well-wishers the

matter has been amicably settled between both the parties forgetting

the unfortunate incident.

2. That the said dispute has been resolved between both the families the

aforesaid disputes arising out of the conflicting claim of the incident

dated 28.08.2022, hereto as stated above and for effectuating a

permanent solution of all the outstanding disputes once and for

settlement was arrived at for ensuring peace and harmony after

considering what was best in the interest of the parties and in

expectation that the settlement would result in achieving amity and

goodwill among the petitioner no. 1&2 and respondent no.2 and it was

agreed that the petitioner no. 1&2 and respondent no.2 that the

settlement arrived at would be final and binding upon both petitioner

and respondents.
3. That the Respondent no. 2 thru Sh. Bablu S/o Sh. Shiv Shankar registered

FIR 0364/2022 U/s 307/34 Indian Penal Code 1860, against the Petitioner

no. 1 & 2 before the Police Station- Fatehpur Beri, District: South on dated.

28.08.2022.

4. That it is pertinent to mention here that petitioner no. 1 i.e., Sh. Sanni Tanwar

was coming back from work as he’s operating transport business, he

witnessed that respondent no. 2’s body has been covered in pool of blood

after witnessing this petitioner no. 1 ran towards the unconscious body of

the respondent no. 2 and immediately covered the blood flowing wounds of

the respondent no. 2 with his own shirt and vest.

5. That further the respondent no. 2 was immediately got admitted to the

AIIMS Trauma Centre where his MLC no. 500331967/28 August was

numbered and due to petitioner no. 1, respondent no. 2 was saved.

6. That further things escalated and family members of respondent made wrong

assumptions that the assault has been conducted by the petitioner no. 1 & 2

which is completely fabricated, as petitioner no. 1 was the sole reason life

of the respondent no. 2 was saved and treated.

7. That further petitioner no. 1 was asked by the family members of the

respondent no. 2 to go home, as things might get escalated and it’s not good

for him to stay at hospital, thereafter petitioner no. 1 called petitioner no. 2

to bring a shirt/t-shirt to wear as his shirt and vest was completely in blood

stain and pick him up from the hospital as he’s waiting for him and later left

the hospital premises without any sprawl-brawl.

8. That petitioner no. 2 was not even present at the alleged place as he was in

Café Mafioso till 23:47 PM, that the said incident took place on dated

27.08.2022 at 23:46 pm, which ultimately denies the presence of petitioner

no. 2 in toto.

9. That family members of petitioner no. 1&2 and respondent no.2 called each

other and initiated the settlement proceedings as the dispute was between

both the families.

10. That both petitioner no. 1&2 and respondent no.2 have come to settlement

after the aforesaid discussion with the mutual friends & families to resolve

the disputes and differences, and a memorandum of settlement with certain

terms and conditions was drawn with a view to avoid any future disputes

and or differences amongst the parties hereto and that this memorandum of

settlement has been entered into to record the said terms and conditions of

the settlement already agreed upon by the petitioner no. 1&2 and respondent

no.2. THAT THE TRUE COPY OF THE MEMORANDUM OF

SETTLEMENT IS ANNEXED HEREIN AS (ANNEXURE A2)

11. That said matter stands settled between the petitioner no. 1&2 and

respondent no.2 with the help of both the families as the petitioner no. 1 &

2 doesn’t have any role to play against the said assault case against them.

12. That the Applicant has relied upon certain documents annexed here with the

present Petition and the Applicant/applicant; submits that the same are the

true copies of their respective originals.

13. That the Applicant / applicant undertakes that he has not filed any other

petition/application seeking similar relief arising from the said matter, either
before the Hon’ble High Court of Delhi or Hon’ble Supreme Court of India

or before any other court parallel to this Hon’ble Court.

PRAYER:

In view of the premises aforesaid, it is most respectfully prayed that this

Hon’ble Court be pleased to:

(a) it is therefore most humbly & respectfulu prayed that this Hon’ble

court may kindly pleased to quash the said FIRNo. 0364 of 2022, PS:

Fatehpur Beri Delhi under Section 307/34 IPC 1860; and

(b)

(c) grant any other relief to which the Applicant is entitled in law.

Petitioner
Place: New Delhi Through:

Date:

NAZMA AKHTAR (ADV)

D/2013/2009
CHAMBER NO __
DELHI HIGH COURT
NEW DELHI – 110003
+91-9899494459
 IN THE HIGH COURT OF DELHI AT NEW DELHI

Crl. M.C. No. _______/2025

IN THE MATTER OF:

Sanni Tanwar & Anr. ... PETITIONER

Vs.

State of NCT Of Delhi & Anr. …RESPONDENT

I, Sanni Tanwar S/o Rameshwar R/o 12, Hanuman Mandir, Gurjar Mohalla
Chandan Hola, South Delhi, Delhi-110074 aged about ___ years, R/o 1/20
Sarvapriya Vihar, New Delhi, do hereby solemnly affirm and declare as
under:

1. That the deponent is the Applicant in the above noted case and is fully
conversant with the facts of the case as such is competent to swear
this affidavit.

2. That the the contents of accompanying application under 482 of Code

of Criminal Procedure read with 528 Bharatiya Nagarik Suraksha
Sanhita are true and correct to the best of my knowledge and belief
and the same has been drafted and prepared under the instructions of
the deponent. The contents of the application as well of this affidavit
were read over and explained to the deponent in her vernacular
language.

DEPONENT
VERIFICATION: -

Verified at New Delhi on this ______ day of May 2025 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.C. No. _______/2025

IN THE MATTER OF:

Sanni Tanwar & Anr. ... PETITIONER

Vs.

State of NCT Of Delhi & Anr. …RESPONDENT

I, Sh. Harish S/o Sh. Ishwar Singh R/o 152/5, Chhatarpur Ext, Chhatarpur,

Delhi- 110074 aged about ___ years, R/o 1/20 Sarvapriya Vihar, New

Delhi, do hereby solemnly affirm and declare as under:

1. That the deponent is the Applicant in the above noted case and is fully
conversant with the facts of the case as such is competent to swear this
affidavit.

2. That the contents of accompanying application under section 482 of Code

of Criminal Procedure read with 528 Bharatiya Nagarik Suraksha Sanhita
are true and correct to the best of my knowledge and belief and the same
has been drafted and prepared under the instructions of the deponent. The
contents of the application as well of this affidavit were read over and
explained to the deponent in her vernacular language.

DEPONENT
VERIFICATION: -

Verified at New Delhi on this ______ day of May 2025 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