IN THE COURT OF COURT OF SH.

GAURAV GUPTA
KARKARDOOMA COURTS, EAST DELHI
_______ NO.________

IN THE MATTER OF:

STATE …COMPLAINANT

VERSUS

SOURAV CHOUDHURY …ACCUSED

INDEX
S.NO. PARTICULARS PAGE NO.
1. Application under Section 320 of the Code of 1-
Criminal Procedure, 1973
2. Annexure A-1
A copy of the FIR No. 0186/2018 dated
04.05.2018 registered at P.S. Shakarpur
2. Annexure A-2
A copy of the Board Resolution dated
05.05.2019 authorizing Mr. Vijay Kumar
Tripathi
3. Annexure A-3 (Colly)
A true copy of the Memorandum of
Understanding Dated 28.06.2019 along with
Affidavits of the Directors of the said
company

ACCUSED

THROUGH

RAKESH KUMAR LAKRA

KANTH & ASSOCIATES
COUNSEL FOR THE ACCUSED
A-9, LGD, NIZAMUDDIN EAST
NEW DELHI-110013
DELHI
DATED:
 IN THE COURT OF COURT OF SH. GAURAV GUPTA
KARKARDOOMA COURTS, EAST DELHI
_______ NO.________

THE MATTER OF:

STATE …COMPLAINANT

VERSUS

SOURAV CHOUDHURY …ACCUSED

APPLICATION ON BEHALF OF THE COMPLAINANT AND

ACCUSED SEEKING PERMISSION TO COMPOUND THE
OFFENCE UNDER SECTION 320 OF THE CODE OF
CRIMINAL PROCEDURE, 1973

MOST RESPECTFULLYSHOWETH:

1. That the present proceedings emanate out of FIR No.

0186/2018 dated 04.05.2018 registered at P.S. Shakarpur

under Section 408 of the Indian Penal Code, 1860. Copy of

FIR No. 0186/2018 dated 04.05.2018 registered at P.S.

Shakarpur is annexed and marked as Annexure A-1

2. That it is pertinent to mention here that the aforesaid FIR

was registered on the basis of the complaint filed by M/s

House of Tyres Pvt. Ltd. (hereinafter referred to as the “said

Company”) through its Authorised Representative Mr.

Subhrangsu Ray for allegedly not returning some properties

owned by the said Company.

3. That it is submitted that Mr. Vijay Kumar Tripathi who is a

Director of the said Company has been duly authorized by

the said Company vide Board Resolution dated 05.05.2019

to verify, sign, institute and conduct the proceedings before

this court in the present Complaint. A copy of the Board

Resolution dated 05.05.2019 authorizing Mr. Vijay Kumar

Tripathi is annexed herewith and marked as Annexure A - 2

4. That it is submitted that the said Company and the Accused

hereinbefore, have decided that they shall forego the past

incident and would continue their amicable relationship.

5. That in view of the above, the said Company and the

Accused have settled all their disputes arising out of the said

FIR vide Memorandum of Understanding Dated 28.06.2019

(hereinafter referred to as the “said MoU”). A true copy of

the Memorandum of Understanding Dated 28.06.2019 along

with Affidavits of the Directors of the said company are

annexed herewith and marked as Annexure A - 3 (Colly).

6. That after execution of the said MoU dated 28.06.2019 there

is no dispute left between the complainant and the accused.

7. That in view of the aforesaid MoU, the said Company

therefore, is not desirous of pursuing with their Complaint

against the said accused.

8. That the offence u/s 408 of the Indian Penal Code, 1860

alleged to have been committed by the accused are

 compoundable with the permission of this Hon’ble Court as

per Section 320(2) of the Code of Criminal Procedure, 1973.

9. It is therefore, most humbly, prayed that the Hon’ble Court

may be pleased to grant permission to Compound the said

offence, and be pleased to dispose of the case as

“Compounded” and the said accused be acquitted.

10. That no prejudice shall be caused to complainant if the

present application is allowed where as the accused shall

suffered irreparable losses if the present application not

allowed by this Hon’ble court.

11. That if the present application is not allowed then the Parties

will suffer an irreparable loss and injury.

12. That the present application is being moved bonafidely and

in the interest of justice.

PRAYER

In the facts and circumstances as stated above, it is, therefore,

most humbly prayed that this Hon’ble Court may be pleased

to:

a) To allow the complainant to compound the offence u/s 408

of the IPC in FIR No. 0186/2018 dated 04.05.2018 registered

at P.S. Shakarpur

b) Disposed of the present complaint as alleged offence in the

FIR as compounded .
c) Pass any other or further order(s) as this Hon’ble Court may

deem fit and proper.

Accused

AR of M/s House of Tyres Pvt. Ltd.

THROUGH

RAKESH KUMAR LAKRA

KANTH & ASSOCIATES
COUNSEL FOR THE ACCUSED
A-9, LGD, NIZAMUDDIN EAST
NEW DELHI-110013

DELHI
DATED:
 IN THE COURT OF COURT OF SH. GAURAV GUPTA
KARKARDOOMA COURTS, EAST DELHI
_______ NO.________

IN THE MATTER OF:

STATE …COMPLAINANT

VERSUS

SOURAV CHOUDHURY …ACCUSED

AFFIDAVIT

I, Mr. Vijay Kumar Tripathi S/o Sh. Data Prasad aged about 52

years, authorized representative of M/s House of Tyres Pvt. Ltd.

having its registered office at B-13 2nd Floor, Subhash Chowk,

Laxmi Nagar, Vikas Marg, New Delhi – 110092 do hereby solemnly

affirm and declare as under:-

1. That I am authorized representative of the M/s House of

Tyres Pvt. Ltd. and I am well conversant with the facts and

circumstances of the present case and I am able to depose

and swear this affidavit.

2. That the contents of the accompanying Application under

Section 320 of the Code of Criminal Procedure, 1973 have

been drafted by the counsel under my instruction and the

contents of which are true and correct according to records

of the company and the best of my knowledge.

 DEPONENT

VERIFICATION:

I, the Deponent do hereby solemnly affirm that the contents of

the present affidavit are true and correct to the best of my

knowledge and belief and nothing material has been concealed

there from and that no part of it is false.

Verified on this ___day of the month of ____, 2019

DEPONENT
 IN THE COURT OF COURT OF SH. GAURAV GUPTA
KARKARDOOMA COURTS, EAST DELHI
_______ NO.________

IN THE MATTER OF:

STATE …COMPLAINANT

VERSUS

SOURAV CHOUDHURY …ACCUSED

AFFIDAVIT

I, Sourav Choudhury, S/o Sh. Manish Kumar Choudhury, aged

about __ years, R/o EH-III, 703, 7th Floor, Eldeco Utopia, Sector

93A, Expressway, Noida, U.P. do hereby solemnly affirm and

declare as under:-

1. That I am the Accused in the above matter and I am well

conversant with the facts and circumstances of the present

case and I am able to depose and swear this affidavit.

2. That the contents of the accompanying Application under

Section 320 of the Code of Criminal Procedure, 1973 have

been drafted by the counsel under my instruction and the

contents of which are true and correct according to records

of the company and the best of my knowledge.

 DEPONENT

VERIFICATION:

I, the Deponent do hereby solemnly affirm that the contents of

the present affidavit are true and correct to the best of my

knowledge and belief and nothing material has been concealed

there from and that no part of it is false.

Verified on this ___day of the month of ____, 2019

DEPONENT