IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN PETITION No. _____ OF 2016.

IN THE MATTER OF :-

XXXXX                                                    ​: PETITIONER

VERSUS

XXXX                                              ​: RESPONDENTS

FIR No. XX

U/S.: XX IPC

P.S.: XX

INDEX

DELHI                                                               PETITIONER

Through his Perokar (Mother)

THROUGH

DATED :-

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN PETITION No. _____ OF 2016.

IN THE MATTER OF :-

XXXX                                                                 ​: PETITIONER

VERSUS

XXXX.                                            ​: RESPONDENTS

FIR No. XXXX

U/S.: XXXX IPC

P.S.: XXXX

URGENT APPLICATION

To

          The Hon’ble Joint Registrar,

          Hon’ble High Court of Delhi.

          New Delhi.

Sir,

          Will you kindly treat the accompanying writ 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. XXXX Police Station XXXX, under Section XXXX of the Indian Penal Code.

Thanking you,

Yours faithfully,

DELHI                                                               PETITIONER

Through his Perokar (Mother)

THROUGH

DATED :-

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN PETITION No. _____ OF 2016.

IN THE MATTER OF :-

XXXX                                                                 ​: PETITIONER

VERSUS

XXXX.                                            ​: RESPONDENTS

FIR No. XXXX

U/S.: XXXX IPC

P.S.: XXXX

MEMO OF PARTIES

MR. XXXX

S/o

R/o 

XX , Delhi-51

Through his Perokar (Mother)                 : PETITIONER

VERSUS

1. XX

2.XX,

S/o XX

R/oXX,

XX, Delhi-110051.                                                        : RESPONDENTS

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

DELHI                                                               PETITIONER

Through his Perokar (Mother)

THROUGH

DATED :-

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN PETITION No. _____ OF 2016.

IN THE MATTER OF :-

MR. XXXX

S/o XX

R/o XX

XX, Delhi-51

Through his Perokar (Mother)                 : PETITIONER

VERSUS

1. XX

2. MR. XX

S/o XX

R/oXX,

XX, Delhi-110051.                                                        : RESPONDENTS

FIR No. XXXX

U/S.: XXXX IPC

P.S.: XXXX

CRIMINAL PETITION FILED BY THE PETITIONER UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE FOR QUASHING OF THE PROCEEDINGS IN FIR BEARING No.XXXX REGISTERED WITH POLICE STATION XXXX, DELHI UNDER SECTION XXXX OF INDIAN PENAL CODE.

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. XXXX registered at Police Station Jagar Puri, under Section XXXX of Indian Penal Code on the basis of the complaint lodged by the respondent no.2 against the petitioner.

2.      That the petitioner is aggrieved by a criminal complaint filed by the respondent no.2 at the Police Station XXXXand which was registered by the Police being FIR No. XXXX under Section XXXX of IPC. By this petition, the petitioner is inter alia, seeking the quashing of the said FIR No.XXXX and proceedings emanating there under.

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

3.1     That the aforesaid FIR has been registered on the basis of the complaint lodged by the complainant / respondent no.2 Mr. Sagar Rathor and same was registered as an FIR by the police officials of Police Station XXXX, Delhi against the petitioner.

3.2    That it has been alleged in the FIR that on 21.10.2015 around 8:30 pm the respondent no.2 was going from the street near XX, petitioner stopped the respondent no.2, whom he had seen a lot of times, residing in XX and whose name is XXXX, the petitioner asked the respondent no.2 what respondent no.2 had told about the petitioner to everybody and started quarrelling with respondent no.2. At the same time, a friend of the respondent no.2 whose name is XX was also going from there in his Scooty, whom the respondent no.2 called. In the meantime petitioner took out a knife and stabbed respondent no.2 on his waist and back, meanwhile another friend of respondent no.2 reached there and he took respondent no.2 on his scooty to Hedgewar Hospital and respondent no.2 informed police while going to Hedegwar Hospital.

3.3    That as per the MLC the respondent no.2 received the simple injury as no vital part of the body affected nor any grievous injuries were sustained by the respondent no.2, therefore the FIR was registered under Section 324 of IPC.

3.4    That on 28.10.2015, the respondent no.2 gave the further statement and on the basis of that, section 324 replaced with Section XXXX.

3.5    That on 01.11.2015, the petitioner was arrested by the police officials of XXXXand since then the petitioner has been in judicial custody.

3.6    That on 30.12.2015 the hospital officials gave the further opinion about the injuries sustained by the respondent no.2 about the nature of injuries shows simple in nature.

3.7    That on 17.03.2016, the first bail application by the Court of XX , XX Courts, Delhi was dismissed and on 27.05.2016, the Second bail application was also dismissed by the court of Sh.XX , ASJ, XX Courts, Delhi.

3.8    That it is respectfully submitted that the petitioner belongs to a lower middle class is the only bread earner member for his family, the petitioner has two sisters (one married and one unmarried) and widow mother to look after. His arrest has already made life of the family members miserable who are deprived of basic amenities necessary for life, as he is the only earning person in the family. His further detention would make the life of family members even more worst and would make their entire future dark.

4.      That it is submitted the bail application under Section 439 of Cr.P.C. has been pending before this Hon’ble High Court of Delhi vide bail application No.XX  filed by the petitioner.

5.       That during the course of proceeding matter has been settled between the petitioner and Respondent No.2 which has been reduced in writing that said FIR was registered because in the heat of the moment when the two sides got into an argument, therefore the parties have within the intervention of common friend have settled their disputes qua the said FIR and have agreed not to pursue the complaint relating to aforesaid incident and as per the terms of the compromise respondent no.2 is ready to withdraw their complaint and give the statement before this Hon’ble Court qua the FIR no. XXXX registered with the Police Station XXXX, Delhi.

6.      That all disputes/claims between the parties stand settled amicably out-side the court due to intervention of respectable, persons of both the parties and none of the petitioner has got any claim now against each other. The said compromise/settlement has arrived at between the parties amicably without any force, coercion, pressure and/or threat from any corner whatsoever a compromise deed has been executed between the parties.

7.       That parties to the present petition have assured each other that cases as mentioned above, is pending against each other before any Court of Law or before the Police Authority or before any other Authority. It has been further assured by the parties that even in future, both the parties shall not file any case, complaint or claim against each other before any court or law or before the Police Authority or before any other authority regarding their all disputes / claims and differences. It has been also undertaken and assured by the parties that in case, any case, complaint or petition is found pending in any court of law, or before any other authorities, the same will be treated as null and void and will not be acted upon.

8.      That all the parties no this petition have settled and compromised the matter and settled their all claims against each other, no useful purpose is likely to be served to continue with the proceedings of the aforesaid case/FIR, hence the present petition.

9.      However in order to buy peace, petitioner is moving this petition seeking quashing of the FIR as all account of the Respondent No.2 stands discharged and no dispute has been left between the parties on the following amongst other grounds :-

- : G R O U N D S : -

A.      For that there is nothing remains between the Petitioner and Respondent No.2 as all the claims have been settled and FIR ought to be quashed.

B.      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.

C.      For that the matter has been amicably settled between the petitioner and respondent no.2 vide MOU dated ………. and now nothing has left between the parties and no useful purpose will be served if the proceedings all allowed to continue.

D.      For that there are no means  and in the absence of the same, no offence under section XXXX of Indian penal Code is made out against the Petitioner.

E.      For that the police official earlier registered the FIR under section 324 of Indian Penal Code and later on added the section XXXX of Indian Penal Code on the false statement of the prosecution.

F.      For that as per the contents of the FIR it is apparent that the petitioner has been falsely implicated in the aforesaid case, as per complainant version at the time of the incident there were two more persons with the complainant and the petitioner was alone at that time, hence the chances of the complainant getting hurt by the petitioner are beyond belief.

G.      For that the petitioner is neither a professional criminal nor has ever been convicted for any other offence let alone for a crime of this magnitude. 

H.     For that the complainant /victim has already been discharged same day from the hospital.

I.       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 petitioners are entitled to have the proceedings quashed on that ground as well.

J.       For that the complainant has not brought any material on record in the FIR before the Ld. M.M. to infer or substantiate the offence alleged to have been committed by the petitioner under Section XXXX IPC.

K.      That it is further submitted that petitioner is not required for further investigation as the investigation has been completed and charge sheet has been filed by the prosecution.

L.      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.

10.     That Petitioner has nothing to do with the alleged offence and infect disputes is amongst respondent no.2 and petitioner has made sincere efforts for settling the matter between them. Since matter has been settled as such petitioner is not stating anything on merit of the case otherwise it will jeopardize the relationship between the Petitioner and Respondent No.2.

11.     The petitioner craves leave to add any other ground at a later stage with the permission of this Hon’ble Court.

12.     That the petitioner has deep roots in the society no criminal antecedence.

13.     That family and siblings of the petitioner is totally dependent upon him and he is only bread earner of the family.

14.     The petitioner has no other efficacious remedy except to approach this Hon’ble Court for justice.

15.     The petitioner has not filed any other petition before this Hon’ble Court or the Hon’ble Supreme Court seeking similar relief.

P R A Y E R

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

A.      Pass an appropriate order / direction quashing of FIR No.XXXX under Section XXXX of IPC, Police Station XXXX, and all other proceedings emanating thereunder.

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,

DELHI                                                               PETITIONER

Through his Perokar (Mother)

THROUGH

DATED :-

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN PETITION No. _____ OF 2016.

IN THE MATTER OF :-

XXXX                                                                 ​: PETITIONER

VERSUS

XXXX.                                            ​: RESPONDENTS

AFFIDAVIT

Affidavit of Smt. Sushila aged about XX years, W/o Late Sh.XX , R/o A-6, Gali No.7, XX., Delhi-110051, do hereby solemnly affirm and declare as under :-

1.       That I am the Perokar (mother) of 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.

1.          That the contents of the accompanying Petition under Section 482 of the Code of Criminal Procedure have been read over and explained to me in vernacular language and having understood the same I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.

2.          That the respondent no.2 had lodged a complaint against the deponent under Section XXXX I.P.C., an FIR bearing No.XXXX was registered at Police Station XXXX, Delhi against the petitioner.

3.          That I further state that during the pendency of the investigation of the said F.I.R., a compromise / settlement has taken place between the parties and as per the said compromise / settlement. All disputes/claims between the parties stand settled amicably out-side the court due to intervention of respectable persons of both the parties and none of the petitioners have got any claim now against each other. The said compromise/settlement has arrived at between the parties amicably any force, coercion, pressure and/or threat from any corner whatsoever.

4.          That the facts as stated above in the Affidavit are true to my knowledge and no part of the same is false and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___ day of September, 2016. That the contents of the above Affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APP. NO. _____ OF 2015.

IN

CRL. MISC. MAIN PETITION No. _____ OF 2016.

IN THE MATTER OF :-

XXXX                                                                 ​: PETITIONER

VERSUS

XXXX.                                            ​: RESPONDENTS

FIR No. XXXX

U/S.: XXXX IPC

P.S.: XXXX

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.

DELHI                                                               PETITIONER

Through his Perokar (Mother)

THROUGH

DATED :-

                   (

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. MAIN PETITION No. _____ OF 2016.

IN THE MATTER OF :-

XXXX                                                                 ​: PETITIONER

VERSUS

XXXX.                                            ​: RESPONDENTS

AFFIDAVIT

Affidavit of Mr.XX , aged about ___ years, S/o Sh. XX R/o House No.XX , XX , Delhi-110051, do hereby solemnly affirm and declare as under :-

1.       That I am the 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.      That the petitioner has gone through the averments made in the accompanying Petition filed under Section 482 Cr.P.C. and I confirm that matter has been compromised with the petitioner.

3.      The averments made in the accompanying petition are true and correct to the best of the deponent knowledge and explained to me in vernacular language.

DEPONENT

VERIFICATION :-

I, the above named deponent do hereby verify 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.

Verified at Delhi on this ____, day of September, 2016.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APP. NO. _____ OF 2015.

IN

CRL. MISC. MAIN PETITION No. _____ OF 2016.

IN THE MATTER OF :-

XXXX                                                                 ​: PETITIONER

VERSUS

XXXX.                                            ​: RESPONDENTS

AFFIDAVIT

Affidavit of Smt. XX aged about XX  years, W/o Late Sh.XX , XX , XX., Delhi-110051, do hereby solemnly affirm and declare as under :-

1.       That I am the Perokar (mother) of 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 the petitioner has gone through the averments made in the accompanying application filed under Section 482 Cr.P.C. seeking exemption to filling certified copies and submits that this application had been drafted by my counsel on my instructions and facts as briefed by me.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of September, 2016 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