IN THE COURT OF THE METROPOLITAN MAGISTRATE, DELHI

DISTRICT AND SESSIONS COURTS, SAKET

SOUTHEAST DISTRICT
CRL. MISC. PETITION NO123 OF 2023
IN
C.C. NO 12345 OF 2023
IN RE:
STATE
.....COMPLAINANT
VERSUS
ADITI AGARWAL & ORS.
.......ACCUSED
INDEX
SL NO DESCRIPTION OF DOCUMENTS PAGE NO
FROM TO
1. COURT FEES
2. A CRIMINAL MISCELLANEOUS PETITION FILED
U/CHAPTER XXXI-A, SECTION 265-A CRIMINAL
PROCEDURE CODE {IX OF 1973} FOR GRANT OF
APPROPRIATE DIRECTIONS OR ORDERS OF THIS
HON’BLE COURT PERMITTING ACCUSED TO PLEAD
GUILTY IN EXCHANGE FOR A LESSER SENTENCE
THAN CHARGED; AND FOR OTHER INCIDENTAL OR
ANCILLARY RELIEFS, ALONG WITH AFFIDAVIT
3. ANNEXURE A/1:
CERTIFIED COPY OF ORDER DATED 12111111111
FILED BY:

(PRINCIPAL ACCUSED)
THROUGH
(COUNSEL)
FILED ON:
 IN THE COURT OF THE METROPOLITAN MAGISTRATE, DELHI
DISTRICT AND SESSIONS COURTS, SAKET
SOUTHEAST DISTRICT
CRL. MISC. PETITION NO123 OF 2023
IN
C.C. NO 12345 OF 2023
IN RE:
STATE
.....COMPLAINANT
VERSUS
ADITI AGARWAL & ORS.
.......ACCUSED
FIR NO: 12222222222222222223
POLICE STATION: MALKA GANJ
U/S: 1211111111111111111222223
A CRIMINAL MISCELLANEOUS PETITION FILED U/CHAPTER XXXI-A, SECTION 265-A
CRIMINAL PROCEDURE CODE {IX OF 1973} FOR GRANT OF APPROPRIATE DIRECTIONS OR
ORDERS OF THIS HON’BLE COURT PERMITTING ACCUSED TO PLEAD GUILTY IN EXCHANGE FOR
A REDUCED SENTENCE; AND FOR GRANT OF OTHER INCIDENTAL OR ANCILLARY RELIEFS
MOST RESPECTFULLY SHOWETH:
1. THAT this Criminal Misc. Petition is being filed by the Principal Accused through
Ld. Counsel u/Chapter XXXI-A, Sec. 265-B Criminal Procedure Code{IX OF 1973} for
purposes of voluntarily pleading guilty to petty misdemeanors of causing hurt by
provocation for which it stands charged with in facts & circumstances set forth.
2. THAT Principal Accused submits the principal misdemeanor against which it stands
charged with & recorded VIDE. FIR No X11XX of 20XX is that of voluntarily causing
hurt on provocation u/S. 334 Indian Penal Code, by which act of misdemeanor would,
if it were to be convicted, result in simple imprisonment of one month, or fine,
or both. Principal Accused admits it entered into a fist-fight with Complainant
over borrowing one water canister on 123, due to which Complainant suffered mild
injuries & was constrained to file FIR No 123/2009 on 12aaaa3 with XXX Police
Station, whilst refusing to acknowledge it to be petty case requiring unnecessary
prosecution.Principal Accused submits this offence is compoundable by Indian law.
3. THAT Principal Accused submits the official chargesheet was filed by the State
on 1211111663. The present case is at stage of evidence per knowledge of Principal
Accused & Ld. Counsel. It was listed for hearing on 102023 & is listed on 11111200.
Principal Accused submits the FIR lodged against it is concocted & without merits;
and prior to these proceedings, it never had any real enmity with Complainant,
SAVE AS from the time Complainant instituted the present proceedings against it.
4. THAT Principal Accused submits that it has been over seven long years since this
case was originally instituted & pending on file of this Hon’ble Court. Principal
Accused submits that keeping in mind the offence with which it stood charged, it
prefers now to compound the same with consent of both the Complainant & the Court.
5. THAT Principal Accused submits it shall, if required by this Hon’ble Court, make
all such reasonable attempts to engage in meetings held with Victim & supervised
by this Court for purposes of working out a satisfactory disposition of its case,
including offering of any compensation by way of financial restitution for
purposes of providing compensation to Complainant on mutual terms as this Court
deems fit or necessary; or to do such incidental acts as may be required by the
Principal Accused to end legal proceedings instituted against it by the State.
6. THAT Principal Accused submits that it shall always cause to bind itself to the
judgment passed by this Hon’ble Court in the present proceedings & voluntarily
waives right of further appeal, as mandated by the Criminal Procedure Code, 1973.
7. THAT Principal Accused submits that for the period during which its present
application is under consideration of this Hon’ble Court, it shall not cause to
directly or indirectly, commit, attempt to commit or abet in the commission of
any act or conduct against Complainant in any manner or form whatsoever which has
the effect of amounting to offence of criminal intimidation, or which may result
in its application being dismissed & render it to penalty of further prosecution.
8. THAT Principal Accused submits that it has not filed any other similar pleadings
previously either in this Hon’ble Court, or in any other Court in exercise of its
Criminal Original or Appellate Jurisdiction; and no other proceedings of a similar
nature are pending adjudication either in the AP High Court or in any other court.
9. THAT Principal Accused submits that it is voluntarily drawing up & filing these
criminal pleadings on advice of Learned Counsel authorized to defend its case;
and no force, fraud or undue influence was effected on it at any point of time
on date of presenting its application so to render the same unenforceable by law.
10.THAT Principal Accused submits that it is funding the present application out of
its own pocket and no part of this litigation is being funded by any benefactor
having any direct or indirect nexus or interest with outcome of these proceedings.
11.THAT Principal Accused submits it has not colluded with Complainant or any other
interested party in any manner or form so to vitiate these present proceedings.
12.THAT Principal Accused craves leave of this Hon’ble Court to amend any averments
recorded under these criminal pleadings herein & pending conclusive adjudication,
SUBJECT TO such conditions precedent imposed; and FURTHER SUBJECT TO other conditions
that such amendment(s) do not materially alter the reliefs sought by it, or defeat
legal processes initiated by the State VIDE the FIR lodged by Complainant on 123.
13.THAT Principal Accused submits that no legal impediment or statutory bar exists
either under law or at equity, so as to deny it any of the reliefs sought herein.
14.THAT Principal Accused submits that it is filing this application before this
Hon’ble Court with clean hands solely for the purposes hereinbefore mentioned;
and nothing herein amounts to any act or conduct which is frivolous or vexatious;
or amounts to abuse of any legal process, or tends to defeat the ends of justice.
15.THAT Principal Accused submits that no submission herein made should be construed
as having been made dishonestly, falsely or fraudulently; or with intent to
deceive either this Court or any judicial officer in exercise of a function vested
in it under Indian law, so to render it liable to the penalty of criminal perjury.
16.THAT Principal Accused submits that if its application is rejected in limine by
this Hon’ble Court without right of fair hearing, it would cause Principal Accused
grave, severe & irreparable losses at law & in equity which cannot be compensated.
17.THAT Principal Accused submits this application is filed within limitation period.
18.THAT Principal Accused submits all applicable court-fees have been paid up by it
for exclusive purposes of having its present application listed & heard; and
undertakes to pay deficient court-fees, as & whenever required to be paid by it.
19.THAT Principal Accused submits that application was drafted in manner & form
prescribed byD12eHigh Court Rules of Criminal Practice & Criminal Procedure Code.
VERIFICATION
Verified THIS the.......DAY of................20.....that contents constituting
para no (2)-(4) & (10) of my pleadings are derived from facts personally known
to me and believed true; and contents constituting para no (1), (5)-(6) & (7)-
(19) are derived from applicable laws governing my case & believed by me as being
true. Verified further that no part of my pleadings are frivolous or vexatious;
 or amounts to abuse of any legal or judicial process, or otherwise tend to defeat
ends of justice, or of any general, special or local enactments in force within
territory of India and regulating the present criminal proceedings herein filed.
PRAYER
WHEREFROM IN THESE FOREGOING PREMISES, IT IS PRAYED AS FOLLOWS HEREUNDER:
A. FOR GRANT OF APPROPRIATE ORDERS, JUDGEMENT OR FINDINGS of this Court seeking
permission to voluntarily plead guilty against the misdemeanor(s) for which
Principal Accused stands charged before this Court in the facts & circumstances
herein recorded; SUBJECT TO conditions precedent as this Court deems as being fit;
B. FOR GRANT OF ALTERNATIVE SENTENCING DIRECTIONS of this Hon’ble Court seeking
reduction of intended sentence being charge(s) originally recorded on file by
this Court; or of any sentence remission directions as this Court thinks proper;
C. FOR GRANT OF SUCH DIRECTION, AND SUCH OTHER APPROPRIATE DIRECTIONS, ORDERS OR
FINDINGS as this Hon’ble Court thinks, or has sufficient reason to believe to be
necessary or expedient in interests of justice, or in the facts of present case;
FILED BY:

(PRINCIPAL ACCUSED)
THROUGH
(COUNSEL)
Dated THIS the.....DAY of............20
DATE:
PLACE:
 IN THE COURT OF THE METROPOLITAN MAGISTRATE, DELHI
DISTRICT AND SESSIONS COURTS, SAKET
SOUTHEAST DISTRICT
CRL. MISC. PETITION NO123 OF 2023
IN
C.C. NO 12345 OF 2023
IN RE:
STATE
.....COMPLAINANT
VERSUS
ADITI AGARWAL & ORS.
.......ACCUSED
FIR NO: 12222222222222222223
POLICE STATION: MALKA GANJ
U/S: 1211111111111111111222223
AFFIDAVIT
I, KOLA BANG, S/o SONA BANG, aged around 23 years old; by occupation barber, by
faith Hindu and residing at 12345, do solemnly affirm, declare & swear as follows:
1. I am the Deponent whose name appears in the various places signed by me under
this affidavit. I depose that being conversant with all material facts set forth,
I am competent to depose to the same under oath of penalty of criminal perjury.
2. I am filing this affidavit in continuation to my accompanying pleadings being one
Criminal Misc. Petition filed by me under Chapter XXXI-A, Sec. 265-B Criminal
Procedure Code{IX OF 1973} seeking permission of this Court to plead guilty
against principal offence for which I currently stand charged in the facts &
circumstances hereinafter set forth. As material particulars governing the same
are already set forth herein, the same is not reproduced for purposes of brevity.
3. I have been advised by Ld. Counsel appearing for me on merits of my application.
I further depose that I have read over contents of my accompanying application;
and being fully satisfied with all dispositions herein recorded, do verily confirm
and ratify submissions made in my principal pleadings as binding on my interests.
4. I have not drawn up this affidavit dishonestly, falsely or fraudulently; and no
submission made should be construed as having been made with criminal intent to
deceive this Court or any judicial officer in exercise of a function vested in
it by law, so to render me liable to penalty of perjury; nor is my affidavit
intended to cause injury to Complainant,the State or any other interested persons.

DEPONENT
VERIFICATION
Verified THIS the.......DAY of................20.....that contents constituting
para no (1)-(4) of my affidavit are derived from facts personally known to me and
believed true. Verified further that no part of my pleadings are frivolous or
vexatious; or fraudulently recorded; nor amount to abuse of any legal or judicial
processes, or otherwise tend to defeat ends of justice, or of any applicable law.

DEPONENT
Dated THIS the.....DAY of............20
DATE:
PLACE: