QUASHING PETITION UNDER SECTION 482 CRPC FORMAT
(QUASHING PETITION FORMAT)
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
Crl. M.C. /xxxx
IN THE MATTER OF:
Veeru ………..Petitioner
VERSUS
State (NCT of Delhi) & Anr ………… Respondents
FIR No: xx/xxxx
U/s: 34, 406 and 498A I.P.C.
P. S.: Ramgarh
PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 R/W ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING QUASHING OF FIR XX/XXXX WITH P.S RAMGARH , DELHI AND ALL PROCEEDINGS ARISING THEREFROM IN LIGHT OF SETTLEMENT BETWEEN THE PETITIONER AND THE RESPONDENT NO. 2
TO,
THE HON’BLE CHIEF JUSTICE,
AND HIS COMPANION HON’BLE JUDGES
OF DELHI HIGH COURT
MOST RESPECTFULLY SHOWETH:
1. That the present petition is being filed and preferred by the Petitioner and Respondent No. 2 seeking quashing of FIR no. xx/xxxx registered with Police Station Ramgarh, Delhi under sections 34, 406 and 498A I.P.C. and all proceedings emanating therefrom. The petitioner and the Respondent No. 2 very respectfully submit before this Hon’ble Court that the matter has been settled between the parties in full and final manner and now there is no grievance left between the parties. The parties i.e. the Petitioner and the Respondent no. 2 have settled their disputes via Court Intervention and assistance of counsels. Now there is no grievance left between the parties, hence no useful purpose shall be served by continuing the proceedings in the said FIR. The copy of FIR No. xx/xxxx registered with P. S. Ramgarh, Delhi is annexed herewith and marked as Annexure – P1.
BRIEF FACTS:
2. The brief facts of the case are as under:
(i) That disputes and differences arose between the Petitioner and the Respondent No. 2 . The Respondent No. 2 had filed a Police Complaint before the Assistant Commissioner of Police on xxxxat Police Station, Ramgarh, New Delhi u/s 498A and 406 of the Indian Penal Code,1860 and under dowry Act
(ii) The said complahint resulted in FIR bearing No. xxxxxx dated xxxxx U/s 498A, 406 and 34 of Indian Penal Code, 1960 registered at P.S. Ramgarh. FIR is annexed herewith and marked as Annexure P1.
(iii) The charge sheet was filed the Petitioner before the MM, Mahila Court, West District, Tis Hazari Courts, Delhi.
(iv) That on joint request of the Parties the matter was referred to Tis Hazari Mediation Centre on xxxx .The matter was settled amongst parties in mediation at Tis Hazari Mediation Centre, Tis Hazari Courts on xxxxx. Settlement Agreement is annexed herewith and marked as Annexure P2.
(v) As per the settlement agreement, Rs. 1,00,000/- was paid to the Respondent No. 2. First motion petition for divorce by way of mutual consent was allowed on xxxxxx. Further second motion petition for divorce by way of mutual consent U/s 13 B of Hindu Marriage Act, 1956 was allowed vide judgement dated xxxxx by Hon’ble Principle Judge, Family Courts, West District, Tis Hazari Courts.
(vi) That in view of aforementioned facts, the instant Petition is being filed.
GROUNDS:
3. That the instant Petition is being filed inter alia on following grounds:
A. Because in view of the said settlement the success of prosecution is remote and thereby the continuation of proceedings in the said FIR shall be sheer wastage of precious judicial time.
B. Because it has also been held by Hon’ble Supreme Court in landmark case “Gian Singh Vs. State of Punjab & Anr.” (2012)10SCC 303 that even if offences are non compoundable the High Courts are having inherent jurisdiction to quash the FIR under section 482 of Code of Criminal Procedure.
C. Because again in “Narinder Singh & Ors Vs State of Punjab & Ors”( 2014) 6 SCC 466 , it has been held by the Hon’ble Supreme Court that even non compoundable offence can be quashed by the High Court under Section 482 of Code of Criminal Procedure”. Para 31 (I) of the said Judgment reads as:
“(I) Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution”
4. That the petitioners belong to respectable families and have deep roots in the society and grave injustice shall be caused to them if the present petition is not allowed.
5. That the present petition has been filed bona fide and in the interest of justice.
6. That in the given fact and circumstances of the case, the Petitioners have no other resource or remedy available except for filing the present petition and seek indulgence and by exercise of inherent power in order to prevent abuse of process of law and to secure ends of Justice.
7. That the Petitioners have not filed any other similar petition before this Hon’ble Court or before the Hon’ble Supreme Court of India.
PRAYER
In the facts and circumstances of the case, it is therefore prayed that this Hon’ble Court may be pleased to:
- Quash the FIR No.xx/xxxx registered at P.S.-Ramgarh, Delhi u/s Section 498A, 406 and 34 I.P.C. along with all the proceedings emanating there from;
- Pass any such further order(s)/direction(s) as this Hon’ble Court deem fit and proper in interest of justice.
PETITIONER
Through
Counsel
Place: New Delhi
Date:
Note: Quashing Petition has to be accompanied with Memo of Parties, Synopsis, List of Dates, Affidavit etc.
____________________________________________
Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.
good effort ,thanks
very useful.