IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL MISC. APPLICATION NO. OF 2024
IN
CRIMINAL MISC. CASE NO. 9116 OF 2023
IN THE MATTER OF:-
SUNNY CHAUDHARY ... PETITIONER
VERSUS
PALLAVI SHARMA & ANR. .....RESPONDENTS
INDEX
S.NO. PARTICULARS PAGE NO.
1. APPLICATION FOR EARLY HEARING ON | ¢
BEHALF OF PETITIONER WITH AFFIDAVIT
2. ANNEXURE P-26
A TRUE COPY OF ORDER DATED 7
12.12.2023.
PETITIONER/APPLICANT
THROUGH
Place: Delhi (SANJEET PALIWAL)
Dated: 09.01.2024 Advocate for Petitioner
Add Off: 19, II Floor, Guru Angad Nagar Extension,
Laxmi Nagar, Delhi - 110092
Email Id :
[email protected] Mob. No.: 7011748170
1
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL MISC. APPLICATION NO. OF 2024
IN
CRIMINAL MISC. CASE NO. 9116 OF 2023
IN THE MATTER OF:-
SUNNY CHAUDHARY ... PETITIONER
VERSUS
PALLAVI SHARMA & ANR. .....RESPONDENTS
APPLICATION FOR EARLY HEARING ON BEHALF OF
PETITIONER
MOST RESPECTFULLY SHOWETH:
1. That this Criminal Misc. Petition has been filed u/s 482 Cr.P.C., 1973
against the order dated 31.07.2023 and 27.09.2023 passed in Execution
Petition No. 53/2023 preferred over Complaint Case No. 2014/2017
pending before the Court of Ld. MM, Mahila Court - 01, East District,
Karkardooma Courts, Delhi by which the Ld. MM has issued warrant
of arrest against Petitioner in complete violation of the procedure
prescribed under sec. 421 Cr.P.C.
2. That on the last date of hearing, i.e., 12.12.2023 this Hon’ble Court has
passed the following order:
1. Issue notice to the respondent no.l through all permissible
modes on taking necessary by the petitioner steps within 04 weeks,
returnable on 26.02.2024.
2
2. It is made clear that there is no stay regarding the execution and
the trial court shall proceed with the execution in accordance with
law.
A true copy of the order passed by this Hon’ble Court dated 12.12.2023
is ANNEXURE P-26
That the Execution Petition no. 53/2023 is filed against the Petitioner
for recovery of arrear of interim maintenance amount awarded by Ld.
Trial Court in its order dated 26.09.2022 passed in Ct. Case No.
2014/2017. The basis of the execution proceedings is the illegal and
perverse interim order of maintenance dated 26.09.2022 as the same
was passed in total violation of the established principles of law, 1.e.,
without filing the Income Affidavit prescribed under the Rajnish Vs.
Neha Judgment (2021) 2 SCC 324 passed by the Hon’ble Supreme
Court the said interim order of maintenance as passed by the Trial
Court.
That the only immoveable assets the Petitioner owns is a Flat having
address G-1203, Paramount Floraville Society, Sector 137, Noida,
Gautambudh Nagar, U.P.- 201305, and the same was put on rent by the
Petitioner to generate a source of income for the maintenance of the
Respondents while the Petitioner went to Australia on a student visa.
It is pertinent to note here that the monthly interim maintenance
awarded by the Ld. Trial Court is Rs. 20,000/- per month and the
amount of rent can be derived currently from the said flat of the
Petitioner is around Rs. 30,000/~ per month. It is also pertinent to note
3
here that just before filing of the present case the Respondent took the
possession of the said flat by forcefully evicting the tenants with the
help of armed goons.
That the Petitioner owns two bank accounts one in HDFC bank and
another in IndusInd bank and both the bank accounts of the Petitioner
were already freeze by the Ld. Trial Court by way of an order dated
25.05.2023 passed in Execution Petition No. 53/2023. It is pertinent to
note here that just few days before filing of the present case the
Respondent withdrew an amount of Rs. 4,24,000/- from the IndusInd
bank account of the Petitioner without his consent.
That on 27.09.2023 in the said Execution Petition no. 53/20 the Ld.
Trial Court has passed the following order:
Issue warrants of arrest against the JD through DCP concerned
along-with warrant of recovery pertaining to movable and
immovable property of the JD, on filing of PF, returnable for next
date of hearing.
Warrants of recovery to be executed through SDM concerned or
person duly authorized and report of execution of warrants of
recovery be filed on next date of hearing.
It is pertinent to note here that the order of issuance of warrant of arrest
against the Petitioner along-with warrant of recovery passed by the Ld.
Trial Court vide order dated 31.07.2023 and 27.09.2023 passed in
Execution Petition no. 53/2023 is complete violation of the procedure
4
for recovery of maintenance prescribed ws 421 Cr.P.C., and the
observation made by this Hon’ble Court in its order dated 12.12.2023,
1.e., the Trial Court shall proceed with the execution in accordance with
law.
7. That the only immoveable asset of the Petitioner is already in control
and possession of the Respondent no. 1 and his bank accounts are
already froze at the order of the Trial Court but in the interest of justice
the Petitioner is ready to abide the procedure prescribed under law. For
satisfaction of the order of interim maintenance passed by the Ld. Trial
Court the Petitioner be allowed to put the aforesaid flat owned by him
on rent without any interference on part of the Respondent no. 1 or her
family members.
8. That without following the procedure prescribed u/s 421 Cr.P.C. the
Trial Court has not only violated the established provisions of law but
by issuing the order of arrest along-with warrant of recovery, the
fundamental right of the Petitioner prescribed under Article 21 of the
Constitution of India is also violated. Therefore, in light of the aforesaid
facts and circumstances and provisions of law and in the interest of
justice, the Petitioner, therefore, prays before this Hon’ble Court for
quashing of warrant of arrest issued by the 1d. trial court vide order
dated 31.07.2023 and 27.09.2023 passed in execution petition no.
53/2023.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may
be pleased to :
5
A. Pass an order allowing the application for early hearing and list the Crl.
Misc. Case 9116/2023 to be heard; and
B. Pass an order or direction for immediate quashing of warrant of arrest
issued by the 1d. trial court vide order dated 31.07.2023 and 27.09.2023
passed 1n execution petition no. 53/2023; and/or
C. Pass any other and/or such other order(s) as this hon’ble tribunal may
deem fit.
PETITIONER/APPLICANT
THROUGH
Place : Delhi (SANJEET PALIWAL)
Dated: 09.01.2024 Advocate for Petitioner
6
IN TIIE HIGIT COURT OF DELIIT AT NEW DELIIT
CRIMINAL MISC. APPLICATIONNO. OI 2024
IN
CRIMINAL MISC. CASENO. 9116 OF 2023
IN THE MATTER OF:-
SUNNY CHAUDIARY
VERSUS
PALLAVI SHARMA & ANR.
AFFIDAVIT
L, Sunny Chaudhary, S/o Lt. I)hérampal Singh, aged about 39 ycars,
presently at Flat No. 1203, Gloxiania Tower, Paramount Floraville Socicty,
NScctor 137, Noida, Gautambudh Nagar, U.P. - 201305, presently at New
{That I am the deponent and petitioner in the aforesaid matter and as
such T am well conversant with the facts and circumstances of the
) present case, hence, competent to swear the present affidavit.
‘That the contents of the accompanying application for carly hearing has
& been drafied by my counscl under my instructions and the contents of
ey
g the same have been read over to me which are truc and correct. i
LF & 09 JAN 2024 DEPONENT
1998 § VERIFICATION
Verified at Delhi on this 08" day of fanuary. 2024 that the contents
$$§Q of the above affidavit arc true and correct to the best of my knowledge
o VI oel
and nothing has been concealed there from.
S/o, W/o, D/o,
R/o.
- 0 dantified by 5
9 has colersialy
Ahly-L24
that g!\e'cl%?xd
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRLM.C. 9116/2023 & CRL.M.A. 34048/2023, CRL.M.A.
34050/2023
SUNNY CHAUDHARY ... Petitioner
Through: Mr. Sanjeet Paliwal, Advocate
versus
PALLAVI SHARMA & ANR. . Respondents
Through: None.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 12.12.2023
CRL.ML.A. 34049/2023 (exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 9116/2023 & CRL.M.A. 34048/2023, CRL.M.A. 34050/2023
1. Issue notice to the respondent no.1 through all permissible modes on
taking necessary by the petitioner steps within 04 weeks, returnable on
26.02.2024.
2. It is made clear that there i1s no stay regarding the execution and the
trial court shall proceed with the execution in accordance with law.
DR. SUDHIR KUMAR JAIN, J
DECEMBER 12, 2023/j/am
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Orderis downloaded from the DHC Server on 09/01/2024 at 21:10:33
