PETITION U/A 226/227 OF THE CONSTITUTION OF INDIA READ WITH U/S 482 OF CR.P.C., ALONG WITH AFFIDAVITS.

IN THE HON’BLE HIGH COURT OF DELHI AT

NEW DELHI

Writ Petition Crl. no. …. of XXXX

IN THE MATTER OF

XXXXXXXXX ….Petitioner

Versus

The State of XXXXXXXXX & Ors ….Respondents

INDEX

S. No. Particulars Page No. Court Fee

1. Application for Urgent Hearing

2. Notice of Motion

3. List of Dates and events & Synopsis

4. Memo of Parties

5. Petition U/A 226/227 of Constitution

of India read with U/s 482 of Cr.P.C.,

Along with affidavits.

6. Application U/s 482 of Cr.P.C. for

Exemption with affidavit.

7. ANNEXURE-A

Photocopy along with true typed

Copy of the FIR No. XXX/XXXX.

8. ANNEXURE-B

Copy of Order dated XX.XX.XX

9. ANNEXURE-C

Copy of Order dated XX.XX.XXXX

10. Vakalatnama

Through

Delhi

Dated :

(XXXXXXXXX)

(Advocates for petitioner)

Office No-X, XXXX,

New Delhi XXXXXX,

M-XXXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRL. JURISDICTION)

Writ Petition (crl) no…….of XXXX

IN THE MATTER OF

XXXXXXXXX ….Petitioner

Versus

The State of XXXXXXX & Ors ….Respondents

URGENT APPLICATION

To,

The Registrar,

Hon’ble High Court of Delhi,

New Delhi.

Sir,

Would you kindly treat the accompanying petition as an urgent one in accordance with the High court rules and orders the Ground of urgency is that the Petitioner had paid the entire amount to the complainant in Hon’ble Court and in respect of the Quashing the FIR No. XXX Dated XX.XX.XXXX.

Thanks

New Delhi

Dated:

(XXXXXXXX)

(Advocates for petitioner)

Office no. X, XXXXXXX, Delhi,

Mob: XXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT

NEW DELHI

(CRL. JURISDICTION)

Writ Petition (Crl) no….of XXXX

IN THE MATTER OF

XXXXXXXX ….Petitioner

Versus

The State of XXXXXX & Ors ….Respondents

NOTICE OF MOTION

Sir/Madam,

The enclosed Misc. main application for quashing of F.I.R No. XXX/XX in the aforesaid matter is being filed on behalf of the applicant/petitioner and the same is likely to be listed on XX.XX.XXXX or any other date thereafter, before the Hon’ble High Court of Delhi at New Delhi.

Please acknowledge the receipt of the complete set of the said petition, please notice accordingly.

Thanking you.

New Delhi

Dated:

Counsel

(XXXXXXXX)

(Advocates for petitioner)

Office no. X, XXXXXXX, Mob: XXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW

DELHI

Writ Petition( Crl ) no…..of XXXX

IN THE MATTER OF

XXXXXXXX ….Petitioner

Versus

The State of XXXXXXXX & Ors ….Respondents

LIST OF DATES AND EVENTS

XX/XX/XXXX FIR No. XXX/XXXX was registered against the applicant/petitioner, U/s-420/468/ 471 IPC registered with P.S-XXXXXXXX, Delhi on the complaint of Respondent namely Ms. XXXXXXXXXX

XX/XX/XXXX Petitioner was arrested.

XX/XX/XXXX Petitioner produced from P.C. before the Hon’ble Court of Sh. XXXXXXXXX, Metropolitan Magistrate, Rohini Courts, Delhi

XX/XX/XXXX Bail application on behalf of accused has been filed on the ground of compromise arrived between the complainant for the total amount of salary i.e., Rs XX,XXX/- and on the same day, respondent has also paid entire amount of Rs. XX,XXX/- to the complainant before the Hon’ble Court of Sh. XXXXXXXX, ASJ, Rohini Courts, Delhi and the Hon’ble Court was pleased to grant the bail to accused.

Applicant/Petitioner

Date:

Place: Delhi Through

Counsel

(XXXXXXXX)

(Advocates for petitioner)

Office no. X, XXXXXXX, Delhi, Mob: XXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW

DELHI

Writ Petition(Crl) no…...of XXXX

IN THE MATTER OF

XXXXXXXXXX ….Petitioner

Versus

The State of XXXXXX & Ors ….Respondents

SYNOPSIS

Petitioner was Director of the Institute namely XXXXXXX which was located at XXXXXXXXX and complainant was the admission counselor in that institute.

Due to some problems petitioner could not pay the salary for one month to complainant consequently FIR No. XXX/XXXX was registered against the applicant/petitioner, on XX/XX/XXXX U/s-420/468/ 471 IPC registered with P.S- XXXXX, Delhi on the complaint of Respondent namely Ms. XXXXX.

The Petitioner was arrested on XX.XX.XXXX in this matter and the Counsel for accused filed a bail application on XX.XX.XXXX on the ground of compromise arrived between the complainant for the total amount of salary i.e., Rs XX,XXX/- and on the same day, respondent has also paid entire amount of Rs. XX,XXX/- to the complainant before the Hon’ble Court of Sh. XXXXXXXXX, ASJ, Rohini Courts, Delhi and the Hon’ble Court was pleased to grant the Bail to accused/Petitioner.

Applicant/Petitioner

Date:

Place: Delhi Through

Counsel

(XXXXXXXX)

(Advocates for petitioner)

Office no. X, XXXXXXX, Delhi, Mob: XXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRL. JURISDICTION)

Writ Petition (Crl) no. of XXXX

IN THE MATTER OF

XXXXXXXXX ….Petitioner

Versus

The State of XXXXXXXX & Ors ….Respondents

MEMO OF PARTIES

XXXXXXXX

S/o Late Sh. XXXXXXX

R/o X-XXX, XXXXX

New Delhi-XXXXXX ….Petitioner

Versus

1. State of XXXXXXXX

Rep. Through Secretary

XXX XXXXX-XXXXXX

2. Ms. XXXXXX

W/o Sh. XXXXXXXXX

R/o H.N.XXX, X-Block, Sec. X-X, XXXXX, Delhi-XXXXXX ….Respondents

New Delhi

Dated: Petitioner

Through

Counsel

(XXXXXXXX)

(Advocates for petitioner)

Office no. X, XXXXXXX, Delhi, Mob: XXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW

DELHI

Writ Petition (Crl.) no…...of XXXX

IN THE MATTER OF

XXXXXX ….Petitioner

Versus

The State of XXXXXXX & Ors ….Respondents

PETITION U/A 226/227 OF THE CONSTITUTION OF INDIA READ WITH U/S 482 OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR SEEKING THE QUASHING OF F.I.R-498/2012 U/S 420/468/471 IPC, P.S-XXXXXXX, DELHI REGISTERED ON THE PETITIONER

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is respectable citizen of the India. The FIR no. XXX/XXXX was registered against the applicant/petitioner on XX/XX/XXXX, U/s-420/468/ 471 IPC registered with P.S-XXXXXXX, XXXXX by the Respondent namely Ms. XXXXXX W/o Sh. XXXXXX R/o H.N. XXX, X-XXXX, Sec. X-X, XXXXX, XXXXX-XX. The true Copy of FIR dated XX.XX.XXXX is annexed as ANNEXURE A.

2. That the Petitioner was Director of the Institute namely XXXXXXXXXXX which was located at XXXXXXX. This matter relates with officials of Institute and Employee of that Institute.

3. That the FIR No. XXX/XXXX was a false and fabricated Criminal case, which is registered against the applicant/petitioner on XX.XX.XXXX U/s 420 /468 /471 IPC.

4. That the complainant was the employee in the XXXX Institute and was working as an admission Counselor. Petitioner’s firm used to pay salary to complainant along with incentive each and every month but due to some problems petitioner could not pay the salary for one month to complainant then the complainant approached the college management for the payment of her salary and applicant/petitioner asked to the complainant about his problem then the complainant approached the police authorities and gave the color of Criminal complaint to the Civil nature case regarding the recovery of amount of salary and as a result the above mentioned FIR was registered against the Petitioner.

5. That the Petitioner was arrested on XX.XX.XXXX in this matter and on XX.XX.XXXX petitioner produced from P.C. before the Hon’ble Court of Sh. XXXXXXXXX, Metropolitan Magistrate, Rohini Courts, Delhi and an application for two days PC remand of the accused was filed by the IO and counsel for accused submitted before the Hon’ble Court that the accused is ready and willing to compromise the case then Hon’ble Court was Pleased to granted one day PC remand of the accused. The Copy of Order dated XX.XX.XXXX is annexed as ANNEXURE-B.

6. That the Petitioner was arrested on XX.XX.XXXX in this matter and the Counsel for accused filed a bail application on XX.XX.XXXX on the ground of compromise arrived between the complainant for the total amount of salary i.e., Rs XX,XXX/- and on the same day, respondent has also paid entire amount of Rs. XX,XXX/- to the complainant before the Hon’ble Court of Sh. XXXXXXX, ASJ, Rohini Courts, Delhi and the Hon’ble Court was pleased to passed the order that “Under these circumstances, the applicant/accused, who is in JC is admitted to bail on his furnishing personal bond in the sum of Rs. XX,XXX/- with one surety in the like amount to the satisfaction of Ld. MM/Duty MM/Link MM. The Copy of Order dated XX.XX.XXXX is annexed as ANNEXURE-C.

7. That the applicant/petitioner has been paid entire amount to complainant before the Hon’ble court. Now no dispute or ill-will remain between the applicant/petitioner and the complainant/respondent and have resolved all dispute in respect of FIR no. XXX/XXXX and the Complainant had taken entire amount/payment.

8. That in view of the above payment given by the applicant/petitioner to the complainant in the Hon’ble court, all the disputes of the complainant/respondent and applicant/petitioner have resolved and no fruitful purpose will be served if the applicant are made to undergo the rigmarole of the trial in F.I.R. No.-XXX/XXXX U/s 420,468,471 IPC, registered with PS-XXXXXXXX and the same shall be travesty of justice.

9. That no prejudice or irreparable loss would be caused to the complainant/respondent, if the said F.I.R no. XXX/ XXXX is quashed by the Hon’ble Court.

10. That the applicant/petitioner has not filed any other similar petition for quashing of the aforementioned FIR before the Hon’ble Supreme Court or before any other Hon’ble High Court or any other court of law except the present one.

PRAYER:

It is therefore most humbly and respectfully prayed that this Hon’ble Court may be graciously pleased to:-

i) Quash the proceedings of the F.I.R. No.- XXX/XXXX U/s 420/468/471 IPC, registered with PS-XXXXXX, against the applicant/petitioner; and

ii) Pass any other order this Hon’ble Court may deem fit in the interest of justice.

Applicant/Petitioner

Date:

Place: Delhi Through

Counsel

(XXXXXXXX)

(Advocates for petitioner)

Office no. X, XXXXXXX, Delhi, Mob: XXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

Writ Petition (Crl) no. of XXXX

IN THE MATTER OF

XXXXXXXX ….Petitioner

Versus

The State of XXXXXXX & Ors ….Respondents

AFFIDAVIT

I, XXXXXX aged-XX years S/o Late. Sh. XXXXXXXX R/o-X-XXX, XXXX, New Delhi-XXXXXX, do hereby solemnly affirm and state as under:

1. That the deponent is petitioner in the above noted case and well conversant with the facts of the case and competent to swear the present affidavit.

2. That the contents of accompanying petition for Quashing of FIR no XXX/XXXX has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular and understood and the same are correct and the same may be read as part and parcel of the present affidavit and have not been repeated herein for the sake of brevity.

3. That the annexure is the true copy of the original.

4. That no other similar petition seeking the prayer in the accompanied petition has been filed in Hon’ble Court or in the Hon’ble Supreme Court of India. DEPONENT

VERIFICATION:

I, the above-named deponent, do hereby verify at New Delhi on this the day of XXXX, XXXX that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed there from.

DEPONENT

IN THE HON’BLE HIGH COURT OF DELHI AT NEW

DELHI

Writ Petition(Crl.) no…...of XXXX

IN THE MATTER OF

XXXXXXXX ...Petitioner

Versus

The State of XXXXXXX & Ors …Respondent(s)

APPLICATION UNDER SECTION 482 Cr.P.C FOR EXEMPTION FROM FILING THE CERTIFIED COPIES OF ANNEXURES ANNEXED WITH THE PETITION

MOST RESPECTFULLY SHOWETH:

1. That the petitioner has annexed photocopies of the annexure along with the above captioned petition. The said annexure are true copies of their respective originals.

2. That the petitioner does not have the certified copies of the said annexure at the time of filing present petition and the same shall be filed as and when directed by this Hon’ble court during the hearing of present petition.

PRAYER:

In the interest of justice, it is most respectfully prayed from this Hon’ble court to please exempt the petitioner from filing certified copies of the Annexure at the time of filing present petition.

Any other or further orders as this Hon’ble court may deem fit and proper in the facts and circumstances of the case may also be passed.

Petitioner

Date:

Place:

Through

Counsel

(XXXXXXXX)

(Advocates for petitioner)

Office no. X, XXXXXXX, Delhi, Mob: XXXXXXXX

IN THE HON’BLE HIGH COURT OF DELHI AT NEW

DELHI

Writ Petition(Crl.) no…...of XXXX

IN THE MATTER OF

XXXXXXXX ...Petitioner

Versus

The State of XXXXXXX & Ors …Respondent(s)

AFFIDAVIT

I, XXXXXX aged-XX years S/o Late. Sh. XXXXXXXX R/o-X-XXX, XXXX, New Delhi-XXXXXX, do hereby solemnly affirm and state as under:

1. That I am the deponent is appellant in the above noted case and well conversant with the facts of the case and competent to swear the present affidavit.

2. That the contents of accompanying application U/s 482 Cr.P.C for filing exemption from filing the original documents in respect of Quashing of petition has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular and understood and the same are correct and the same may be read as part and parcel of the present affidavit and have not been repeated herein for the sake of brevity.

3. That the annexure is the true copy of the original.

4. That no other similar petition seeking the prayer in the accompanied petition has been filed in Hon’ble Court or in the Hon’ble Supreme Court of India. DEPONENT

VERIFICATION:

I, the above-named deponent, do hereby verify at New Delhi on this day of XXXX, XXXX that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed therefrom.

DEPONENT

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