LIST OF DATES & EVENTS

Date(1) : That the petitioner no.1 married to respondent no.2 namely Ms. xxxxxx on (Date) at Delhi according to Hindu rites and rituals and the marriage was solemnized in low profile manner and respondent no.2 resided with the petitioner no.1.

: After the marriage the petitioner no.1 and respondent no.2 lived together as wife and husband with each other and out of this wedlock two children namely xxxx and xxxx were born.

Date(2) : That after the marriage disputes and differences arose between the petitioner no.1 and respondent no.2 and they have been living separately from (Date) and have not been able to live together since then. There is no possibility to living together as husband and wife, on account of temperamental differences.

Date(3) : That the present FIR has been registered on the basis of the complaint lodged by the respondent no.2 against the petitioners before CAW Cell, which is converted into the present FIR bearing No. xxx/xxxx under Section 498A/406/377/506/34 of IPC with the Police Station M.S. Park, Delhi.

Date(4) : That all the attempts of reconciliation made by elderly people, friends and relatives and well wishers of the family of both side of the respondent no.2 and petitioners have proved futile. Due to indulgence of mediation finally both the parties have reached an amicable solution and on (Date), a Compromise was executed between the parties before the Mediation Cell, Karkardooma Courts, Delhi.

Date(5) : First Motion petition was allowed by Principle Judge Family Courts, Karkardooma Court, Delhi vide order dated xxxxxxx and recording of statement in the first motion petition of divorce by mutual consent to be filed jointly U/s 13(B)(1) of Hindu Marriage Act, 1955 by the petitioner no.1 & respondent no.2.

Date(6) : Final decree of divorce was granted by Ld. Principle Judge; Family Courts, Delhi after recording of the statement of the petitioner no.1 and respondent no.2 in the second motion petition of divorce by mutual consent petition to be filed jointly U/s 13(B)(2) of Hindu Marriage Act, 1955 which was allowed and grant decree of divorce vide order dated 26.04.2016.

Date(7) : Hence, the present Petition.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. No. ____ OF 2018.

IN THE MATTER OF :-

XXXX. : PETITIONERS

VERSUS

XXXX. : RESPONDENTS

FIR No. xxx/xxxx

U/s.: 498A/406/377/506/

34 IPC R/w 4 D.P. Act

P.S.: xxxxx,

I N D E X

S.NO. PARTICULARS PAGES

1. Notice of Motion.

2. Urgent Application

3. Memo of Parties.

4. List of Dates and Events.

5. Criminal Petition under Section 482 of Cr.P.C. for quashing of FIR. Along with Affidavits in Support of the petitioners.

6. Affidavit of the respondent no.2.

7. ANNEXURE P-1.

True typed Copy of FIR No. 287/2013 with translated copy.

8. ANNEXURE P-2”

True typed copy of Charge Sheet with translated copy

9. ANNEXURE P-3”

True copy of settlement dated 16.10.2014.

10. ANNEXURE P-4”

Certified Copy of the Decree of Divorce dated (Date) passed by Ld. Family Judge, Karkardooma Courts, Delhi.

11. ANNEXURE P-5 (colly)”

Certified Copy of the Judgment dated (Date) along with statement dated (Date) passed by Ld. Family Judge, Karkardooma Courts, Delhi.

12. ANNEXURE P-6 (colly)”

Certified Copy of the Judgment dated (Date) along with statement dated (Date) passed by Ld. Family Judge, Karkardooma Courts, Delhi.

13. Application U/s. 482 Cr.P.C. for Exemption From Filing Certified Copies with Affidavit In Support.

14. ID Proofs.

15. Vakalatnamas of the petitioners and respondent no.2.

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

DELHI PETITIONERS

THROUGH

DATED:-

(XXXXX)

ADVOCATE

Office Address

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. No. ____ OF 2017.

IN THE MATTER OF :-

XXXXX : PETITIONERS

VERSUS

XXXXX. : RESPONDENTS

FIR No. xxx/xxxx

U/s.: 498A/406/377/506/

34 IPC R/w 4 D.P. Act

P.S.: xxxx,

URGENT APPLICATION

To,

The Hon'ble Joint Registrar,

Hon’ble High Court of Delhi,

New Delhi.

Sir,

Kindly treat the accompanying petition as an urgent one as per the Rules of Hon'ble High Court of New Delhi.

The ground of urgency is ‘Quashing of the Proceedings / FIR bearing No.xxx/xxxx under Section 498A/406/377/506/34 of IPC r/w Section 4 of D.P. Act registered in the Police Station xxxx, Delhi.

Your’s faithfully,

DELHI PETITIONERS

THROUGH

DATED

(XXXXX)

ADVOCATE

Address.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. No. ____ OF 2017.

IN THE MATTER OF :-

XXXXX : PETITIONERS

VERSUS

XXXXX. : RESPONDENTS

FIR No. xxx/xxxx

U/s.: 498A/406/377/506/

34 IPC R/w 4 D.P. Act

P.S.: xxxx,

MEMO OF PARTIES

1. xxxxx

S/o xxxxx

2. xxxx

W/o xxxxx

Address. : PETITIONERS

VERSUS

1. THE STATE (NCT OF DELHI)

2. MRS. MONIKA MALIK

Address. : RESPONDENTS

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

DELHI PETITIONERS

THROUGH

DATED :-

(XXXXX)

ADVOCATE

Address.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. No. ____ OF 2017.

IN THE MATTER OF :-

1. XXXXXX

S/o xxxxxxxx

2. XXXXXXXX

W/o xxxxxxxx

Both Address : PETITIONERS

VERSUS

1. THE STATE (NCT OF DELHI)

2. MRS. XXXXXX

D/o Sh. XXXXX,

R/o Address : RESPONDENTS

FIR No. xxxx/xxxx

U/s.:498A/406/377/506/

34 IPC R/w 4 D.P. Act

P.S.: xxxxx

PETITION ON BEHALF OF THE PETITIONERS UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE FOR QUASHING OF THE PROCEEDINGS / FIR BEARING No. xxx/xxxx UNDER SECTION 498A/406/377/506/34 OF IPC R/W SECTION 4 OF D.P. ACT REGISTERED IN THE POLICE STATION M.S. PARK, DELHI AND ALL OTHER PROCEEDINGS EMANATING THEREUNDER.

MOST RESPECTFULLY SHOWETH:-

1. That the Petitioners are law-abiding citizens of India and have full faith in the administration of justice. That the Petitioners have 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. 287/2013 under Section 498A/406/377/506/34 of IPC r/w Section 4 of D.P. Act registered in the Police Station xxx, Delhi on the basis of the complaint lodged by the respondent no.2 against the petitioners and others family member of the petitioners i.e. xxxx, xxxx and xxxx and they all are discharged by the IO because there is no incriminating evidence against them.

2. That the petitioners aggrieved by a criminal complaint filed by the respondent no.2 at the Police Station xxxx and which was registered by the Police being FIR No. xxx/xxxx under Section 498A/406/377/506/34 of IPC r/w Section 4 of D.P. Act, by this petition, the petitioners are inter alia, seeking the quashing of the said FIR and proceedings emanating there.

3. That the present petition has been filed by the Petitioners 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 present FIR has been registered on the basis of the complaint lodged by the respondent no.2 before CAW Cell, xxxxxx, Delhi which is converted into the present FIR.

3.2 That the petitioner no.1 married to respondent no.2 namely Ms. xxxxx on (Date) at Delhi according to Hindu rites and rituals and the marriage was solemnized in simple manner and respondent no.2 resided with the petitioner no.1 at House No. Address.

3.3 After the marriage the petitioner no.1 and respondent no.2 lived together as wife and husband with each other and two children namely xxxxx and xxxxx were born from the said wedlock and both the children stay with respondent no.2 and petitioner no.1 will have visitation rights once in a month to meet the children.

3.4 That the petitioners submitted that said marriage was solemnized in simple manner. That just after the marriage disputes and differences arose between the petitioner no.1 and respondent no.2 and they have been living separately from xx.xx.xxx and have not been able to live together since then. There is no possibility to living together as husband and wife, on account of temperamental differences.

3.5 That the present FIR has been registered on the basis of the complaint lodged by the respondent no.2 against the petitioners before CAW Cell, which is converted into the present FIR bearing No. xxx/xxxx under Section 498A/406/377/506/34 of IPC r/w Section 4 of D.P. Act registered in the Police Station xxxxx.

3.6 That all the attempts of reconciliation made by elderly people, friends and relatives and well wishers of the family of both side of the respondent no.2 and also matter was refer to medication cell at Karkardooma Courts, Delhi petitioners have proved futile. Due to indulgence of mediation finally both the parties have reached an amicable solution on (Date), a settlement was executed between the parties at Mediation Centre.

3.7 That the respondent no.2 and petitioner no.1 have amicably decided to dissolved their marriage by mutual consent and to settle all dispute at once. Consequently both the petitioners have given their consent for dissolution of their marriage out of their free will, consent and without any force, fraud, connivance, coercion or any undue influence or outside pressure, subject to the terms and conditions as mentioned below.

3.8 That the petitioner no.1 and respondent no.2 have settled their all claims and disputes for themselves and the articles as per list as full and final settlement vide compromise in written dated xx.xx.xxxx which enclosed herewith.

3.9 First Motion petition was allowed by Principle Judge Family Courts, Karkardooma Court, Delhi vide order dated 20.10.2015 and recording of statement in the first motion petition of divorce by mutual consent to be filed jointly U/s 13(B)(1) of Hindu Marriage Act, 1955 by the petitioner no.1 & respondent no.2.

3.10 Final decree of divorce was granted by Ld. Principle Judge; Family Courts, Delhi after recording of the statement of the petitioner no.1 and respondent no.2 in the second motion petition of divorce by mutual consent petition to be filed jointly U/s 13(B)(2) of Hindu Marriage Act, 1955 which was allowed and grant decree of divorce vide order dated 26.04.2016.

4. That the petitioners and respondent no.2 also undertake to withdraw all the cases / complaint / petition, if any filed against each other and other family members of either parties and further not to file any case / complaint / suit against the each other and their family members in future before any court of law or any other authority.

5. That the compliance of other terms and conditions of the compromise / statement recorded in the decree of divorce proceeding, petitioners and respondent no.2 shall be left with no claims, rights, interests etc. against each other in respect of any assets, movable or immovable owed or possessed by them or to be owned or possessed by them or their family members and relatives at any point of time.

6. That since the petitioners and respondent no.2 have resolved and sorted out all disputes amongst themselves out of their free will and without any pressure from any corner; they shall live separately without having any grudge and complaint against each other. The petitioners and respondent no.2 shall live their independent lives without involvement of each other.

s7. That all the disputes between the petitioners and respondent no.2 stand resolved in all respect of if any of the petitioners and respondent no.2 have already initiated any proceedings which have not been mentioned, the same shall be deemed to have been withdrawn.

8. That it has been further undertaken by the petitioner no.1 and respondent no.2 that they shall not proceed against each other in any case(s) whatsoever either criminal or civil as with this petition each and every transaction / claim / disputes stands settled arising out of said marriage.

9. That respondent no.2 has settled all her claim and shall not claiming anything against any claims arising out of this marriage which includes maintenance, permanent, alimony, compensation, stridhan, etc. and has undertaken that she will not claim anything in future on any account.

10. That by signing this petition, all claims of any sort including maintenance, permanent, alimony, compensation, stridhan, etc. are settled now. That the respondent no.2 or her relatives shall not claim of any nature to the petitioner no.1 or on his relative or friends.

11. That both the petitioner no.1 and respondent no.2 undertakes to cooperate with the petitioner no.1 and to sign, verify, attest any application / affidavit to this effect and also to appear before the concerned court and to give their statement if required, if any proceeding pending against both the parties which includes to dissolve this marriage by way of Divorce petition and to withdraw the cases if any has been filed by them.

12. That since the parties could not settle in their matrimonial life / family arrangement and due to personal and temperamental differences the parties wants to live their lives separately in this regard all the claims in respect of everything have been settled amicably between the parties. Both the parties have amicably settled their claims in respect of the compromise and thus have no claim against each other. All the differences in respect of the same have been settled.

13. In the above said settlement between the petitioner no.1 and respondent no.2 the parties are ready to live their lives separately and after got the separation by this Hon’ble Court they will free to live their lives as per their choice and no party will interfere in each other of their lives.

14. That the petitioner no.1 and respondent no.2 have resolved all their disputes / claims regarding maintenance and it has been further resolved that respondent no.2 will not seek any kind of claim from the petitioner no.1 from his properties both self acquired and ancestral. Neither any criminal or civil case has been filed against any of the parties in any court of law.

15. That due to indulgence of mediation cell, matter has been amicably settled with the petitioners and respondent no.2 wishes to withdraw the present FIR and in testimony of the same.

16. That parties to the present petition have assured each other that no case 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.

17. That both the parties of 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.

18. 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 Petitioners 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 petitioners and no material evidence has been filed against the Petitioners 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 petitioners and respondent no.2 vide settlement deed dated xx.xx.xxxx 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 Sections 498A/406/506/377 of Indian penal Code is made out against the Petitioner.

E. 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.

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

G. For that it is further submitted that respondent no.1 is not required for further investigation as the investigation has been completed and charge sheet has been filed by the prosecution.

H. For that 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 summarized 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.

19. However in order to buy peace, petitioners are moving this petition seeking quashing of the FIR and no dispute has been left between the petitioner no.1 and respondent no.2.

20. That the petitioners and respondent no.2 state that they have taken this decision of divorce, withdrawal of cases, quashing of FIR with their mutual consent thoughtfully and willingly and that there is no threat, force, fraud or undue influence acting upon them to have come to this decision of settlement by way of mutual consent. The present petition has not been filed in collusion between the petitioners and respondent no.2.

21. The petitioners crave leave to add any other ground at a later stage with the permission of this Hon’ble Court.

22. That the petitioners have deep roots in the society no criminal antecedence.

23. The petitioners have no other efficacious remedy except to approach this Hon’ble Court for justice.

24. The petitioners have 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 for quashing of FIR No. 287/2013 under Section 498A/406/377/506/34 of IPC r/w Section 4 of D.P. Act registered in the Police Station xxxx Delhi and all other proceedings emanating there under.

B. Pass 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. PETITIONERS

THROUGH

DATED

(xxxxxxx)

ADVOCATE

Address.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. No. ____ OF 2018.

IN THE MATTER OF :-

XXXX. : PETITIONERS

VERSUS

XXXX. : RESPONDENTS

AFFIDAVIT

Affidavit of Mr.

1. That I am the petitioner no.1 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 contents of the accompanying Petition under Section 482 of the Code of Criminal Procedure have been read over and explained to me in vernacular 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.

3. That the respondent no.2 had lodged a complaint against the deponent under Section 498A/406/377/506/34 of I.P.C., an FIR bearing No.xxx/xxxx was registered at Police Station xxxx against the petitioners.

4. 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.

5. 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 March, 2018. 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. M.C. No. ____ OF 2018.

IN THE MATTER OF :-

XXXX. : PETITIONERS

VERSUS

XXXX. : RESPONDENTS

AFFIDAVIT

Affidavit of Smt. xxxxx aged about ___ years W/o xxxxxx, R/o (Address), do hereby state on solemn affirmation and declare as under:-

1. That I am the petitioner 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.

5. 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 :-

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. M.C. No. ____ OF 2018.

IN THE MATTER OF :-

XXXX. : PETITIONERS

VERSUS

XXXX. : RESPONDENTS

FIR No. xxx/xxxx

U/s.:498A/406/377/506/

34 IPC R/w 4 D.P. Act

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 petitioners have filed Annexures along with the main petition in order to support the writ petition and the Annexures filed is the true, correct and compared copies of the original.

2. That the petitioners 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 petitioners may kindly be exempted from filling the certified copies of the Annexures.

It is prayed accordingly,

DELHI PETITIONERS

THROUGH

DATED

(RAKESH KUMAR)

ADVOCATE

Ch. No.B-19, BGS Block,

Tis Hazari Courts, Delhi-110054.

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL. MISC. APP. NO. ______ OF 2017.

CRL. M.C. No. ____ OF 2017.

IN THE MATTER OF :-

MAHESH MALIK & ANR. : PETITIONERS

VERSUS

THE STATE & ANR. : RESPONDENTS

AFFIDAVIT

Affidavit of Mr. xxxxxx, aged about ___ years S/o xxxx, Address, Delhi, do hereby state on solemn affirmation and declare as under:-

1. That I am the petitioner no.1 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.

3. The averments made in the accompanying application true and correct to the best of the deponent knowledge.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of March, 2018 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. M.C. No. ____ OF 2018.

IN THE MATTER OF :-

XXXX. : PETITIONERS

VERSUS

XXXX. : RESPONDENTS

AFFIDAVIT

Affidavit of Mrs xxxx, aged about ___ years D/o Shxxxx, R/o xxxx Shahdara, Delhi, do hereby state on solemn affirmation 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 respondent no.2 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 petitioners before Medication Cell, Karkardooma Courts, Delhi on (Date).

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.