IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXXXXXXXXXX                   : PETITIONER

VERSUS

XXXXXXXXXXX                                     : RESPONDENTS

FIR No. ________

                   U/s.: 323/307/34 OF IPC,

P.S.: ______                                                                                                                                                                                                                                                                                                                                                                                       

INDEX

          PETITIONER

Through

Place: New Delhi

Dated:

XXXXXXXX

COUNSEL FOR THE PETITIONER

___________
_________________
__________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXXXXXXXXXXX               : PETITIONER

VERSUS

XXXXXXXXXXXX                                  : RESPONDENTS

FIR No. _______

                   U/s.: 323/307/34 OF IPC,

P.S.: _____

URGENT APPLICATION

To

          The Hon’ble Joint Registrar,

          Hon’ble High Court of Delhi.

          New Delhi.

Sir,

          Will you kindly treat the accompanying petition / application as urgent one in accordance with the provision of as per the Delhi High Court rules and regulations and orders.

The grounds of urgency are as set out in the accompanying petition / application. Kindly treat the accompanying petition for quashing of the proceedings in FIR No. _____ P.S.:______ , Delhi under Section 323/307/34 of IPC.   

          PETITIONER

Through

Place: New Delhi

Dated:

XXXXXXXXXXX

COUNSEL FOR THE PETITIONER

____________

______________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXXXXXXXXXX                  : PETITIONER

VERSUS

XXXXXXXXXXXXXXX                          : RESPONDENTS

FIR No. ________

                   U/s.: 323/307/34 OF IPC,

P.S.: _______

MEMO OF PARTIES

MR. XXXXXXXXXXXXX

S/o Sh. _________________

R/o __________________

Delhi-_______.                                                       : PETITIONER

VERSUS

1. THE STATE (NCT OF DELHI)               

2. MR. XXXXXXXXX

S/o Sh. _________

R/o ______________

Delhi-______.

3. MR. XXXXXXXXXXXX

S/o Sh. ____________

R/o ______________

Delhi-________.                                                     : RESPONDENTS

----------------------------------------------------------------------------------------

FILED BY

Place: New Delhi

Dated:

XXXXXXXXXXXXX

COUNSEL FOR THE PETITIONER

_________________

_________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

MR. XXXXXXX

S/o Sh. _______________

R/o ____________________

________________

Delhi-_____.                                               : PETITIONER

VERSUS

1. THE STATE (NCT OF DELHI)               

2. MR. XXXXXX

S/o Sh. ____________

R/o ___________

____________

Delhi-_______.

3. MR. XXXXXX

S/o Sh. ___________

R/o ______________

Delhi-_______                                            : RESPONDENTS

FIR No. ____

                   U/s.: 323/307/34 OF IPC,

P.S.: ______

CRIMINAL MISC. MAIN PETITION ON BEHALF OF THE PETITIONER UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE FOR QUASHING OF FIR BEARING No._______ REGISTERED WITH POLICE STATION ____, DELHI, UNDER SECTION 323/307/34 OF INDIAN PENAL CODE CHARGESHEET FILED THEREIN BEFORE THE LD. TRIAL COURT, DIST. XXXX; XXX XXXXXX COURTS, DELHI IN S.C. NO. XXXXX AND THE PROCEEDINGS EMANATING THEREFROM.

MOST RESPECTFULLY SHOWETH :-

1.       That the Petitioner is law-abiding citizen of India and has full faith in the administration of justice. That the Petitioner has sought to invoke the extraordinary jurisdiction of this Hon’ble Court under Section 482 of the Code of Criminal Procedure for quashing of FIR No. _______ Police Station ____, Delhi under Section 323/307/34 of Indian Penal Code on the basis of the complaint lodged by the respondent no.2 against the petitioner. Copy of FIR bearing no._______ is annexed to this petition as Annexure P-1.

2.       That the petitioner is aggrieved by FIR lodged by the respondent no.2 at the Police Station ____, Delhi. By this petition, the petitioner is inter alia, seeking the quashing of the said FIR No.______ (“FIR”) the charge sheet filed therein before the Ld. Trial Court of Sh. XXXXXXXX, Special Judge XXXXXXX; XXXX District, XXXXX Courts, Delhi in C.S. No.______ titled “XXXX Vs XXXXXXX” and the proceedings emanating therefrom.

3.       That the present petition has been filed by the Petitioner and the brief facts of the case, necessary for the disposal of the present petition are summoned up as under:-

3.1     It is the case of the prosecution that on 18.01.2018 at about 7:15 PM Complainant (Respondent no.2 herein) along with his friend XXXXX, was having momos sitting at the shop of momos in Gali No.XXXXXXXXXX, one girl and two boys were sitting at the table next to Complainant, Complainant and his friend were laughing while talking, boy named later on as XXXXXXXX (Petitioner herein / accused in Ld. Trial Court) who was sitting at the table next to Complainant, came to Complainant and started abusing, when we objected to the abuses then the Petitioner and his friend, whose name was later on known as XXXXXX (Minor at time and trial run at Juvenile Justice Board), started fighting with us. Meanwhile, Petitioner hit a piece of brick lying in the street at the head of Complainant, resultantly, Complainant received injury at his head, meanwhile, their other friend also came and they three started fighting with us as alleged.

3.2     It is further alleged that Complainant’s friend XXXXXX (Respondent no.3 herein), who was passing through from there, came to intervene, they three also started fighting with him, Petitioner and his friend XXXX took out one object having sharp edge and hit Respondent no.3, resultantly Respondent no.3 received injuries on his stomach and back. After that they three ran away from the spot, Complainant and Respondent no.3 went to XXXX Hosital for treatment, meanwhile, someone informed the police, PCT van came there. Since Respondent no.3 received much injuries, Complainant got Respondent no.3 sat in PCR Van and both went to house for giving information, Complainant and Respondent no.3 got treatment from Trauma Centre. The Petitioner and Vishal along with their other friend fought with Complainant and Respondent no.3 and harmed deadly as alleged.

3.3     That during the investigation petitioner was granted bail with conditions. During the period investigation has been completed and charge sheet has been filed by the IO under Section 323/307/34 of IPC and charge is accordingly framed to which petitioner pleaded not guilty and claimed trial.

Copy of the charge sheet filed by the IO against the petitioner is annexed as Annexure P-2.

4.       That in the trial, during examination in chief of Respondent no.2 and 3 as PW1 and PW2 dated 25.03.2019 and 19.02.2020 they both specifically stated that no injuries were caused by the petitioner to the Respondent no.2 and 3 only altercation took place. Copy of the examination in chief dated 25.03.2019 and 19.02.2020 of the PW1 and PW2 are annexed to this petition as Annexure P4(colly).

5.       That the impugned FIR had been lodged by the complainant / Respondent no.2 and 3 on the altercation / heat of the movement, and before the said incident Petitioner. In view of the same complainant submitted the allegations were no longer to be pursued by the complainant as the petitioner also tenders his apology to the complainant / Respondent no.2 and 3.

6.       Aggrieved from the FIR registered against petitioner, petitioner is moving this petition seeking quashing of the FIR on the following amongst other grounds:-

- : G R O U N D S : -

A.      For that it is a settled principle of law that even otherwise there is no allegation against the petitioner and no material evidence has been filed against the petitioner which would constitute an offence, and therefore the said FIR is liable to be quashed on this ground alone.

B.      For that it is submitted that the present complaint does not disclose any alleged offence committed by the petitioner as the complainant submitted that the allegations were no longer to be pursued and the complainant had rather represented it to be a case of misunderstanding.

C.      For that nothing remains the present FIR as the complainant do not want to pursue further as the petitioner tendered his apology to the complainant and an amicable mutual settlement arrived between the petitioner and complainant / respondent no.2 and 3 as the present FIR was lodged only on the altercation / heat of the moment and nothing wrong is done by the Petitioner with the Respondent no.2 and 3.

D.      For that the investigation has been completed in the present FIR and charge sheet has already been filed by the IO before the Ld. Trial Court and during the investigation petitioner fully cooperated and nothing incriminating found against him.

E.      For that, in the trial, during examination in chief of Complainant / Respondent no.2 and 3 as PW1 and PW2 dated 25.03.2019 and 19.02.2020 they both specifically stated that

                    “25.03.2019 PW2

          The accused started altercation with me. During the process of altercation we both came out of the shop. There was huge crowd outside the shop and while we were arguing with each other, then a stone hit on my head by someone due to which I sustained injury. I do not know as to who hit the stone on my head. ………

          ………………

          ………………

          On the next date, i.e. 19.01.2018 police recorded my statement in this regard.

          I have read the statement mark PW2/A and it bears my signatures at point A. I put my said signatures without going through the contents of the statement. I did not state such facts to police as mentioned in the statement mark PW2/A. I did not state before the police that accused XXXXXXX had hit the piece of brick on my head or that XXXXXXX had caused injury on the person of victim. I did not mention the name of the assailant before the police. I did not show the place of occurrence to police.

Accused XXXXX is present in court (Witness has correctly identified accused XXXXX) Accused XXXX did not cause any injury on me, only altercation took place between me and XXXX.

……………..

XXX by Sh. XXXXXX, Ld. Counsel for accused.

          I did not know the accused prior to the occurrence. I came to know about the name of the accused on the day of occurrence. XXXXX did not cause any injury upon the person of XXXX. Vol. Some unknown person caused the said injury upon XXXXX.

RO&AC”

                   “19.02.2020 PW1

………………. It is incorrect that police did not record the true version of what I had told them. (Vol. What I had stated in my examination in chief is the true version of the incident. At that time, XXXXX and his associates started arguing and thereafter XXXXXX had left the spot and I was got engaged in the heated arguments by XXXXXXX and during the course of said arguments, I was hit on my stomach on back side with a knife by XXXXXX).

……………………..”

In view of the above stated statements of the Complainant / Respondent no.2 and 3 it has been clear that nothing wrong was done by the Petitioner with the Complainant except altercation and injuries were caused other accused person not by petitioner. As such no case is made out Petitioner, he is innocent. Hence, the present FIR is liable to be quashed. 

F.      For that, the present FIR being ex-facie malafide falls squarely within the scope of the judgment of the Hon’ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal, reported in AIR 1992 SC 604 (para 107. and the petitioner is entitled to have the proceedings quashed on that ground as well.

G.      Because in the present case even if the allegations made by the complainant are taken to be true, no offence under Section 323/307/34 IPC are made out but in the present case there is no such allegation in the complaint. It is pertinent to mention that even if the contentions of the complainant are believed to be true, the present case does not fall in that preview.

H.      Because it has been held by the Hon’ble Supreme Court in case “K.R. Purushothaman Vs. State of Kerala” 2005 (12) SCC 631; that each one of the circumstances should be proved beyond reasonable doubt and such circumstances proved must form a chain of events from which the only irresistible conclusion is about the guilt of the accused which can be safely drawn and no other hypothesis of the guilt is possible. We respectfully agree with the law laid down in Navjot Sandhu’s case and K.R. Purushothaman’s case.

I.       Because it has been held by the Hon’ble Supreme Court in case “Gian Singh Vs. State of Punjab” in para 57, it has been held that the position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.

J.       In R. Klayani Vs. Janak C. Mehta & Ors 2009 (1) SCC 516 wherein in para Nos.15 & 16 it was held as under:

"15. Propositions of law which emerge from the said decisions are:

(1) The High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal proceeding and, in particular, a first information report unless the allegations contained therein, even if given face value and taken to be correct in their entirety, disclosed no cognizable offence. (2) For the said purpose the Court, save and except in very exceptional circumstances, would not look to any document relied upon by the defence.

(3) Such a power should be exercised very sparingly. If the allegations made in the FIR disclose commission of an offence, the Court shall not go beyond the same and pass an order 9 in favour of the accused to hold absence of any mens rea or actus reus.

(4) If the allegation discloses a civil dispute, the same by itself may not be a ground to hold that the criminal proceedings should not be allowed to continue."

It is furthermore well known that no hard and fast rule can be laid down. Each case has to be considered on its own merits. The Court, while exercising its inherent jurisdiction, although would not interfere with a genuine complaint keeping in view the purport and object for which the provisions of Sections 482 and 483 of the Code of Criminal Procedure had been introduced by the Parliament but would not hesitate to exercise its 13 jurisdiction in appropriate cases. One of the paramount duties of the Superior Courts is to see that a person who is apparently innocent is not subjected to persecution and humiliation on the basis of a false and wholly untenable complaint."

K.      For that regarding power and jurisdiction of this Court to entertain the present petition under Section 482 Cr.P.C., the Apex Court in the recent decisions in Prashant Bharti v. State of NCT of Delhi 2013 (2) AD (S.C.) 89" on 23.01.2013 has in a similar and identical case observed inter alia as under:-

"19. The proposition of law, pertaining to quashing of criminal proceedings, initiated against an accused by a High Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C.") has been dealt with by this Court in Rajiv Thapar & Ors. vs. Madan La/ Kapoor (Criminal Appeal No...... of 2013, arising out of SLP (Crl.) no.4883 of 2008, decided on 23.1.2013) wherein this Court inter alia held as under:

22. The issue being examined in the instant case is the jurisdiction of the High Court under Section 482 of the Cr.P.C., if it chooses to quash the initiation of the prosecution against an accused, at the stage of issuing process, or at the stage of committal, or even at the stage of framing of charges. These are all stages before the commencement of the actual trial. The same parameters would naturally be available for later stages as well. The power vested in the High Court under Section 482 of the Cr.P.C., at the stages referred to hereinabove, would have far reaching consequences, inasmuch as, it would negate the prosecution's/complainant's case without allowing the prosecution/complainant to lead evidence. Such a determination must always be rendered with caution, care and circumspection. To invoke its inherent jurisdiction under Section - 482 of the Cr.P.C., the High Court has to be fully satisfied, that the material produced by the accused is such, that would lead to the conclusion, that his/their defence is based on sound, reasonable, and indubitable facts; the material produced is such, as would rule out and displace the assertions contained in the charges leveled against the accused; and the material produced is such, as would clearly reject and overrule the veracity of the allegations contained in the accusations levelled by the prosecution/complainant. It should be sufficient to rule out, reject and discard the accusations leveled by the prosecution/complainant, without the necessity of recording any evidence. For this the material relied upon by the defence should not have been refuted, or alternatively, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the accused should be such, as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice.

L.      On the strength of the above judgments, statements of the Complainant / Respondent no.2 and 2 the present FIR is liable to be quashed.

7.       That the petitioner craves the leave of this Hon’ble Court to raise such other or further ground that may be available to them at the time of hearing of the present petition.

8.       That petitioner craves leave to alter or amend the petition with the permission of this Hon’ble Court and by way of the present petition the petitioner humbly seeks the indulgence of this Hon’ble Court to pass appropriate orders for quashing of FIR.

9.       It is submitted that this Hon’ble High Court has the requisite territorial jurisdiction to try and entertain the present Petition as the FIR registered within the territorial limits of this Hon’ble Court. Moreover, the Impugned FIR has been registered from within the territorial limits of this Hon’ble Court’s jurisdiction.

CERTIFICATE OF NON-FILING:

10.     The petitioner had not filed any other Petition, or any similar petition, either before this Hon’ble Court or before the Hon'ble High Court of Delhi at New Delhi or before the Hon'ble Supreme Court of India, except the one detailed before.

P R A Y E R

          In the facts and circumstances of the case, it is respectfully prayed that this Hon’ble Court may please to:-

A.      Quash the FIR bearing no.______ under Section 323/307/34 of Indian Penal Code, registered with Police Station ____, Delhi and charge-sheet filed before the Ld. Trial Court of Sh. XXXXXXX, Special Judge XXXXX; Central District, XXX Hazari Courts, Delhi in C.S. No._______ titled “State Vs XXXXXXXXX” and the proceedings emanating therefrom.

B.      Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

It is prayed accordingly,

          PETITIONER

Place: New Delhi            THROUGH

Dated:

XXXXXX

COUNSEL FOR THE PETITIONER

____________

_____________
_________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. NO. ______ OF 2023.

IN

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXXXXXXXXXX                  : PETITIONER

VERSUS

XXXXXXXXXXXX                                  : RESPONDENTS

FIR No. _____

                   U/s.: 323/307/34 OF IPC,

P.S.: _____

APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE CODE FOR EXEMPTION FROM FILLING CERTFIED COPIES OF THE ANNEXXURES.

MOST RESPECTFULLY SHOWETH ;-

1.       That the petitioner has filed Annexures along with the main petition in order to support the petition and the Annexures filed is the true, correct and compared copies of the original.

2.     That the petitioner shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as the same is made available by copying agency concerned.

It is most respectfully prayed that the petitioner may kindly be exempted from filling the certified copies of the Annexures.

Such other or further orders as this Hon’ble Court may be deem fit and proper in the facts and circumstances of the case be also passed to meet the ends of justice.

          PETITIONER

Through

Place: New Delhi

Dated:

XXXXXXX

COUNSEL FOR THE PETITIONER

____________
_______________
_________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXXXXXXXXXX                  : PETITIONER

VERSUS

XXXXXXXXXXXXX.                               : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. XXXXXXXXXXXXX, aged about 23 years S/o Sh. ________________, R/o ______________________, do hereby solemnly affirm and declare as under:-

1.       That I, the deponent, am the Petitioner in the above captioned case and am well conversant with the facts and circumstances of the present petition and hence I’m competent to swear the present affidavit.

2.       That the accompanying petition has been drafted by my counsel under my instructions and factual contents of the same are true and correct as per my knowledge.

3.       That the contents of the Synopsis, List of Dates and Paragraphs No. 1 to ___ including the sub-paras of the accompanying petition are true and correct to knowledge and the contents of the Grounds and Paragraphs No. ____ to ____ of the accompanying petition are based on the legal advice received which is believed to be true. The last para is the prayer before this Hon’ble Court.

4.       That the annexures annexed to the accompanying petition are true to their respective originals.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of December, 2023 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. NO. ______ OF 2023.

IN

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXXXXXXXXXX                  : PETITIONER

VERSUS

XXXXXXXXXXXXX                                : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. XXXXXXXXXXXXX, aged about 23 years S/o _________, R/o ___________________, do hereby solemnly affirm and declare as under:-

1.       That I am the Petitioner in the above mentioned case and as such I am conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.       That upon my instruction, my advocate, is filing this Application for Exemptions from Filing Certified Copies, in the above-mentioned case, and I am fully conversant with the facts of the same. That I say that the facts stated therein are true and correct to my knowledge. Any annexures filed along with the Application are true copies of their respective originals.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of December, 2023 that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXXXXXXXXXX                  : PETITIONER

VERSUS

XXXXXXXXXXXXX                                : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. XXXXXXXX, aged about 22 years S/o __________, R/o _________________, do hereby state on solemn affirmation and declare as under:-

1.       That I am the complainant / Respondent No.2 in the above mentioned case and as such I am conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.       I have gone through the averments made in the accompanying petition filed under Section 482 Cr.P.C. are true and correct to the best of the deponent knowledge and explained to me in vernacular.

3.       I confirm that the present FIR in question bearing No.________ under Section 323/307/34 of IPC registered with P.S. _______, Delhi was registered by misunderstanding only on the heat of the moment. I also confirmed that matter has been settled / compromised amicably and the petitioner has tender his apology in front of me for his mistake. I do not want to pursue the FIR.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of December, 2023 that the facts stated in the above Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. (MAIN) PETITION No._____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXXXXXXXXXXX               : PETITIONER

VERSUS

XXXXXXXXXXXXXXX                          : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. XXXXXXX, aged about 25 years S/o Sh._______________, R/o _____________, do hereby state on solemn affirmation and declare as under:-

1.       That I am the complainant / Respondent No.3 in the above mentioned case and as such I am conversant with the facts and circumstances of the case, and hence competent to swear this Affidavit.

2.       I have gone through the averments made in the accompanying petition filed under Section 482 Cr.P.C. are true and correct to the best of the deponent knowledge and explained to me in vernacular.

3.       I confirm that the present FIR in question bearing No.________ under Section 323/307/34 of IPC registered with P.S. ______, Delhi was registered by misunderstanding only on the heat of the moment. I also confirmed that matter has been settled / compromised amicably and the petitioner has tender his apology in front of me for his mistake. I do not want to pursue the FIR.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of December, 2023 that the facts stated in the above Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT