IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
FIR
No: 0XX/20XX
P.S: XXXXX
U/S:498-A/406/34 IPC & 4 of Dowry
Prohibition Act.
INDEX
S.NO. |
PARTICULAR |
PAGE NO. |
1. |
Court Fee |
|
2. |
Urgent Application. |
|
3. |
Notice of Motion. |
|
4. |
Memo of Parties. |
|
5. |
List of Dates and Events
along with Synopsis. |
|
6. |
Petition U/s 482 Cr.P.C for
quashing of FIR No.0XX/20XX, U/s 498-A/406/34 IPC and section 4 of Dowry
Prohibition Act. P.S: Shahdara, Delhi, along-with supporting affidavit. |
|
7. |
Application under section 482
of Code of Criminal Procedure, 1973, for exemption from filing certified
copies of annexure (s) along with supporting affidavit. |
|
8. |
ANNEXURE-A: Copy of ID proofs of petitioners. |
|
9. |
ANNEXURE A-1: True and translated copy of FIR bearing no.XX/20XX,
U/s 498-A, 406, 34 IPC, P.S ______________, Delhi, dated XX.0X.20XX. |
|
10. |
ANNEXURE A-2: True copy of settlement deed dated XX.XX.20XX |
|
11. |
ANNEXURE A-3: Affidavit-cum-no Objection of Respondent no.2 |
|
12. |
ANNEXURE A-4: Certified Copy of order u/s 13B (II) of HMA. |
|
13. |
ANNEXURE A-5: Copy of ID Proof of the Respondent no.2 |
|
15. |
Vakalatnama |
|
Dated Petitioner
New
Delhi Through
Counsel
XXXXX & ASSOCIATES
Office -
XXXXXXXX
Mob - XXXXXXX
Mail -
XXXXXXXXXXXXXXX
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
To,
The
Registrar,
Delhi High
Court, New Delhi
URGENT
APPLICATION
Sir,
Kindly treat the accompanying petition
as urgent in accordance with the High Court rules and order. The ground of
urgency is that further delay in consideration of the present petition may
waste the precious time of the Trial Court and cause the misuse of state mechanisms
in the presence of a settlement between the parties.
Dated Petitioner
New
Delhi Through
Counsel
XXXXX & ASSOCIATES
Office -
XXXXXXXX
Mob - XXXXXXX
Mail -
XXXXXXXXXXXXXXX
IN
THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
NOTICE OF MOTION
To,
1.
The
Standing Counsel (Delhi Police)
High Court
Lawyers Chambers,
Sher Shah Suri Road,
New Delhi,
2.
Ms.
D/o-
R/o -
Sir,
Enclosed petition in aforesaid matter
is being filed on behalf of the Petitioners and is likely to be listed on
______ or any other date, thereafter, kindly make it convenient to appear
before the Hon’ble Court on such date, to assist on case and dispensation.
Dated Petitioner
New
Delhi Through
Counsel
IN THE
HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
FIR
No: XX/20XX
P.S: _________
U/S: 498-A/406/34 IPC & 4 of Dowry
Prohibition Act.
MEMO
OF PARTIES
1.
Sh. XXX
Son of XXXX,
2.
Sh.
XXX
Son of Sh. XXXX
3.
Sh.
XXX
S/o XXXX
4.
Ms.
XXX
W/o XXXX
5.
Ms.
XXX
W/o XXX
ALL R/O _______________.
6.
Ms.
XXX
W/o
XXXX.
Both R/o ______________.
7.
Sh.
XXX
S/o XXXX
R/o – XXX______. ......Petitioners
Versus
1.
State of NCT of Delhi
2.
Ms.
XXX
D/o- XXXX,
R/o- __________________.
Dated Through
Counsel
XXXXX & ASSOCIATES
Office -
XXXXXXXX
Mob - XXXXXXX
Mail -
XXXXXXXXXXXXXXX
IN THE
HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
LIST OF DATES & SYNOPSIS
XX.XX.20XX The marriage of the complainant was
solemnized with accused no. 1 namely ________according to Hindu rites and
custom.
XX.XX.20XX The respondent no.2 left the matrimonial
house and start to reside separately with her parents.
XX.0X.20XX The
respondent no.2 lodge a complaint before the CAW cell.
XX.0X.20XX The F.I.R. No.0XX/20XX was registered at
P.S._______ under section 498A,406, 34 I.P.C. and section 4 of the Dowry
prohibition Act. against the Petitioner on the complaint of respondent no.2.
XX.XX.20XX The matter was amicable and settled in
between the parties with the intervention of well-wishers and relatives.
XX.0X.20XX The Petitioner no. 1 paid a sum of Rs. XXX/-
(___________________) to the respondent no.2 as First installment of settlement
at the time of recording the statement under section 13 (B-1) HMA.
0X.X.20XX
The petition under section 13
(B-2) was allowed by the Hon`ble court of ______ Principal Judge Family Court,
North District, Rohini Court, Delhi.
XX.0X.20XX The charge sheet has been filled by the
Investigation officer and the matter is listed for further proceeding before
the Hon`ble court of __________________________________________.
XX.0X.20XX As all the matrimonial disputes were
settled in between the parties, Hence, the present petition before this Hon’ble
court for quashing the F.I.R.no. 0XX/20XX
registered with _________________________.
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
FIR
No: XX/20XX
P.S: _________.
U/S: 498-A/406/34 IPC & 4 of Dowry
Prohibition Act.
PETITION UNDER
SECTION 482 Cr.P.C. FOR QUASHING OF F.I.R NO.XX/20XX OF P.S-_________, DELHI
REGISTERED U/S 498A/406/34 I.P.C, AND SECTION 4 OF DOWRY PROHIBITION ACT CHARGE
SHEET IS ALREADY FILED AND MATTER IS LISTED FOR APPEARANCE OF ACCUSED PERSON.
To,
THE
HON’BLE CHIEF JUSTICE OF HIGH COURTS OF DELHI AT NEW DELHI AND HIS COMPANION
JUDGES OF THE SAID HIGH COURT.
The
petitioners above named most respectfully submit as under: -
1.
That
the Petitioners are a law-abiding citizen of India, has clean antecedents, and
is a permanent resident of the address declared in the memo of parties.
2.
That marriage of petitioner no.1 was
solemnized with the respondent no.2 on XX.0X.20XX according to Hindu rites and
customs.
3.
That due to temperamental differences
respondent no.2 leaves the matrimonial house on XX.X.20XX and start to reside
with her parents.
4.
That due to the matrimonial dispute
respondent no.2 lodge the present FIR no. 0XX/20XX PS. _______, Delhi, Under
section 498-A/406/34
IPC. and section 4 of Dowry prohibition Act. Copy of F.I.R. No. XX/20XX
PS. _______, Delhi, along with its true typed copy is annexed herewith as ANNEXURE- A-1 colly.
5.
That all the matrimonial disputes
settled by the parties vide settlement deed dated XX.XX.20XX. The copy of the settlement
deed is annexed herewith as ANNEXURE –A-2 (Colly).
6.
That all the matrimonial dispute were
settled for a sum of Rs. __________/-(______________) it was settled by the
parties that petitioner no.1 will pay a sum of Rs. _________/ to respondent
no.2. It was settled that ________ will be paid by the petitioner no.1 to
respondent no2 at the time of recording the statement of divorce petition under
section 13B-1 HMA and remaining ________ shall be paid by the petitioners to
respondent no.2 at the time of recording the statement for quashing of FIR No.0XX/20XX
registered in P.S. ___________ before the Hon`ble Delhi High Court at New
Delhi.
7.
That the petition Under section 13 B-2
HMA has been allowed by the Hon’ble court of ___________, Principal Judge
Family Court, ___________, __________, Delhi vide order dated 0X.XX.20XX. The
copy of the divorce order/judgment dated 0X.XX.20XX. is Annexed herewith as
ANNEXURE A–3(Colly).
8.
That as all the matrimonial disputes
come to an end vide settlement deed dated 0X.XX.20XX. and hence the Petitioners
has preferred instant petition for quashing of FIR bearing No. XX/20XX, U/s 498A/406/34
IPC and section 4 of Dowry Prohibition act P.S. __________, Delhi dated XX.XX.20XX
on the following grounds which are not prejudicial to any of the parties to
present petition.
GROUNDS
a)
Because the Petitioners are innocent and
have not committed any of the offenses portrayed in FIR Bearing No.XX/20XX, U/s
498A/406/34 IPC, and section 4 of Dowry Prohibition Act P.S.__________, Delhi,
Dated XX.XX.20XX however, petitioners have been implicated by Respondent no.2
on account of matrimonial dispute.
b)
Because the Petitioners and Respondent
no.2 have amicably settled their issues vide memorandum of settlement deed dated
XX.XX.20XX, wherein the Respondent no.2 has agreed to cooperate to get quashed
the present FIR Bearing No.0XX/20XX, U/s 498A/406/ 34 IPC, and section 4 of
Dowry Prohibition Act P.S. ________, Delhi, Dated XX.XX.20XX and other
proceedings driven there from hence no purpose shall be served in continuance
of prosecution pursuant to aforesaid FIR.
c)
Because no other effective remedy is
available to the Petitioners except to prefer instant petition before the
Hon’ble Court.
d) Because
Hon’ble Supreme Court in Gian Singh vs.
State of Punjab & Anr.; SLP Crl. No. 8989 of 2010, has categorically held that
“.....that Section 482 Cr.P.C., by its very language, suggests that it
saves the inherent power of the High Court which it has by virtue of it being
the Superior Court to prevent the abuse of processes of any Court or otherwise
to secure the ends of justice. It has also been observed that this power has to
be exercised depending on the facts and circumstances of the case and no
straight jacket formula regulating the exercise of this inherent power can be
laid down. In this regard, it has also taken note of the fact that Court may
quash criminal proceedings having regard to the fact that dispute between the
offender and the victim is settled although the offences are not compoundable
by observing that continuation of criminal proceedings may be an exercise in
futility. It has also noted the fact that the crimes are acts which have
harmful effects on the public and consist in wrong doing that seriously
endangers and threatens well-being of the society and it is not safe to leave
the crime-doer only because he and victim have settled the dispute amicably or
the victim has been compensation.....”
e)
Because continuation of trial of crime/
FIR Bearing No.0XX/2X0X, U/s 498A, 406, 34 IPC, and section 4 of Dowry
Prohibition Act P.S. XXXX, Delhi, Dated XX.XX.2X0X even after Deed of
Settlement dated XX.XX.20XX would only over do the enmity between Petitioners
and Respondent no.2.
f)
That now both parties have settled their
dispute amicably at the initial stage
of prosecution proceedings and now no grievance is between the parties against
each other. If the present petition is allowed in terms of the Deed of
Settlement dated XX.XX.20XX and the subject matter of FIR Bearing No. XX/20XX,
U/s 498-A/406/34
IPC, and section 4 of Dowry Prohibition Act P.S. Shahdara, Delhi,
Dated XX.0X.20XX is quashed then the Respondent No.2 has no objection. The
Hon’ble Supreme Court in recent common Judgment dated 29.09.2021 in two Criminal Appeals No.1489/2012 and 1488 of 2012
in the matter of Ramgopal and Ors. Vs. State of M.P. and Krishnappa and Ors. Vs. State of
Karnatka has held that “..... Non-compoundable criminal cases of
predominantly private nature can
be quashed U/s
482CrPC even if compromise is reached after conviction.”
g)
That now the rapprochement has arrived
between the parties. The matter has been compromised in terms of the Deed of
Settlement dated XX.XX.20XX. The parties in dispute have re-established their
cordial relationship again.
h)
That now the respondent no. 2 does not
want to proceed with the present case and has agreed to end the present
litigation as the matter is amicable settle in between the parties, since the
sections under which the F.I.R has been lodged are not compoundable as such the
present petition, and the respondent no.2 wants to compound the part F.I.R
being quashed.
i)
That the mutual settlement has arrived
at among the petitioners and the respondent no.2 without any pressure, coercion
or threat from any corner.
j)
That there is no likelihood of the
repetition of such incidents between the parties in future.
k)
Because Hon’ble Supreme Court in K. Ramakrishna & Ors. Vs. State of
Bihar & Anr. Appeal Crl. 89 of 1999,
has held that
“......the inherent power of the
High Court under Section 482 of the code of Criminal Procedure can be exercised
to quash the proceedings, in appropriate cases either to prevent the abuse of
process of any court or otherwise to secure the ends of justice. Ordinarily the
criminal proceedings which are instituted against the accused must be tried and
taken to logical conclusions under the Code of Criminal Procedure and the High
Court should not be reluctant to exercise the inherent jurisdiction. Similarly
where the allegations in the FIR or the complaint, even if they are taken at
their face value do not constitute the offence alleged, or without appreciating
the evidence but only merely by looking at the complaint or the FIR or the
accompanying documents, the offence alleged is not disclosed, the person
proceeded against in such a frivolous criminal litigation has to be saved...”
l)
Because the subject matter of this FIR
is a counterblast of matrimonial dispute, which is already mutually and amicably
settled between the parties, therefore, continuance of proceedings arising out
of the present FIR bearing No.0XX/20XX, U/s 498-A/406/34 IPC, and
section 4 of Dowry Prohibition Act P.S.___________, Delhi, Dated XX.0X.20XX in
question would be an exercise in futility.
9.
That this Hon’ble Court has been
entrusted with the responsibility to secure the ends of justice and continuance
of trial in present case would only be an abuse of process of law and misuse of
state machinery without holding any sufficient cause, hence present petition.
10. That
this Hon’ble Court has the jurisdiction to entertain and adjudicate instant
petition, further being filed within a reasonable time and there is no delay,
and the same filed along with appropriate Court fee.
11. That
no other petition for quashing of present FIR Bearing No. No. XX/20XX, U/s 498-A/406/34 IPC,
and section 4 of Dowry Prohibition Act P.S. ___________, Delhi, Dated XX.XX.20XX
has been filed or pending before this Hon’ble Court or any other Court of law.
PRAYER
In due consideration of
aforesaid facts and circumstances, it is most respectfully supplicated that
this Hon’ble Court may be pleased to: -
a)
Quash the FIR Bearing No. No.0XX/20XX,
U/s 498A, 406, 34 IPC, and section 4 of Dowry Prohibition Act Registered in P.S:
________, Delhi, on Dated XX.0X.20XX, and the order of summoning on
charge-sheet passed by the Hon`ble court of Ld. M.M, _________Delhi and other
proceedings driven from or connected to FIR Bearing No. XXX/20XX Dated XX.XX.20XX.
b)
Pass any other order(s) which this
Hon’ble Court deems fit and proper in the facts & circumstances of present
case.
Dated Petitioner
New
Delhi Through
Counsel
XXXXX & ASSOCIATES
Office -
XXXXXXXX
Mob - XXXXXXX
Mail -
XXXXXXXXXXXXXXX
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXX S/O XXXX AGE ABOUT XX YEARS RESIDENT OF: - ___________, DELHI 1100XX, do
hereby solemnly affirm and declare as under: -
1.
That I am the petitioner No.1, i n the
above noted case and well conversant with the facts of the case and competent
to swear this affidavit.
2.
That the accompanying petition under
section 482 Cr.P.C for quashing the F.I.R. No.0XX/20XX registered with the
Police Station ___________, Delhi has
been drafted by my counsel under my instructions and the averments made therein
are true and correct to my knowledge and understood in my own language.
3.
That the contents of the petition may be
read as part and parcel of this affidavit and are not being reproduced herein
for the sake of brevity.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this __________ day of January, 20XX that the fact as stated in the
above affidavit is correct and true to my knowledge and nothing material has
been concealed therefrom.
DEPONENT
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXX S/O XXXX AGE ABOUT XX YEARS RESIDENT OF: - ___________, DELHI 1100XX, do
hereby solemnly affirm and declare as under: -
1.
That I am the petitioner No.1, i n the
above noted case and well conversant with the facts of the case and competent
to swear this affidavit.
2.
That the accompanying petition under
section 482 Cr.P.C for quashing the F.I.R. No.0XX/20XX registered with the
Police Station ___________, Delhi has been drafted by my counsel under my
instructions and the averments made therein are true and correct to my
knowledge and understood in my own language.
3.
That the contents of the petition may be
read as part and parcel of this affidavit and are not being reproduced herein
for the sake of brevity.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this __________ day of January, 20XX that the fact as stated in the
above affidavit is correct and true to my knowledge and nothing material has
been concealed therefrom.
DEPONENT
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXX S/O XXXX AGE ABOUT XX YEARS RESIDENT OF: - ___________, DELHI 1100XX, do
hereby solemnly affirm and declare as under: -
1.
That I am the petitioner No.1, i n the
above noted case and well conversant with the facts of the case and competent
to swear this affidavit.
2.
That the accompanying petition under
section 482 Cr.P.C for quashing the F.I.R. No.0XX/20XX registered with the
Police Station ___________, Delhi has been drafted by my counsel under my
instructions and the averments made therein are true and correct to my
knowledge and understood in my own language.
3.
That the contents of the petition may be
read as part and parcel of this affidavit and are not being reproduced herein
for the sake of brevity.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this __________ day of January, 20XX that the fact as stated in the
above affidavit is correct and true to my knowledge and nothing material has
been concealed therefrom.
DEPONENT
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXX S/O XXXX AGE ABOUT XX YEARS RESIDENT OF: - ___________, DELHI 1100XX, do
hereby solemnly affirm and declare as under: -
1.
That I am the petitioner No.1, i n the
above noted case and well conversant with the facts of the case and competent
to swear this affidavit.
2.
That the accompanying petition under
section 482 Cr.P.C for quashing the F.I.R. No.0XX/20XX registered with the
Police Station ___________, Delhi has been drafted by my counsel under my
instructions and the averments made therein are true and correct to my
knowledge and understood in my own language.
3.
That the contents of the petition may be
read as part and parcel of this affidavit and are not being reproduced herein
for the sake of brevity.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this __________ day of January, 20XX that the fact as stated in the
above affidavit is correct and true to my knowledge and nothing material has
been concealed therefrom.
DEPONENT
IN THE
HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXX S/O XXXX AGE ABOUT XX YEARS RESIDENT OF: - ___________, DELHI 1100XX, do
hereby solemnly affirm and declare as under: -
1.
That I am the petitioner No.1, i n the
above noted case and well conversant with the facts of the case and competent
to swear this affidavit.
2.
That the accompanying petition under
section 482 Cr.P.C for quashing the F.I.R. No.0XX/20XX registered with the
Police Station ___________, Delhi has been drafted by my counsel under my
instructions and the averments made therein are true and correct to my
knowledge and understood in my own language.
3.
That the contents of the petition may be
read as part and parcel of this affidavit and are not being reproduced herein
for the sake of brevity.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this __________ day of January, 20XX that the fact as stated in the
above affidavit is correct and true to my knowledge and nothing material has
been concealed therefrom.
DEPONENT
IN THE
HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXX S/O XXXX AGE ABOUT XX YEARS RESIDENT OF: - ___________, DELHI 1100XX, do
hereby solemnly affirm and declare as under: -
1.
That I am the petitioner No.1, i n the
above noted case and well conversant with the facts of the case and competent
to swear this affidavit.
2.
That the accompanying petition under
section 482 Cr.P.C for quashing the F.I.R. No.0XX/20XX registered with the
Police Station ___________, Delhi has been drafted by my counsel under my
instructions and the averments made therein are true and correct to my
knowledge and understood in my own language.
3.
That the contents of the petition may be
read as part and parcel of this affidavit and are not being reproduced herein
for the sake of brevity.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this __________ day of January, 20XX that the fact as stated in the
above affidavit is correct and true to my knowledge and nothing material has
been concealed therefrom.
DEPONEN
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXX S/O XXXX AGE ABOUT XX YEARS RESIDENT OF: - ___________, DELHI 1100XX, do
hereby solemnly affirm and declare as under: -
1.
That I am the petitioner No.1, i n the
above noted case and well conversant with the facts of the case and competent
to swear this affidavit.
2.
That the accompanying petition under
section 482 Cr.P.C for quashing the F.I.R. No.0XX/20XX registered with the
Police Station ___________, Delhi has been drafted by my counsel under my
instructions and the averments made therein are true and correct to my
knowledge and understood in my own language.
3.
That the contents of the petition may be
read as part and parcel of this affidavit and are not being reproduced herein
for the sake of brevity.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this __________ day of January, 20XX that the fact as stated in the
above affidavit is correct and true to my knowledge and nothing material has
been concealed therefrom.
DEPONENT
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
APPLICATION UNDER SECTION 482 OF
CODE OF CRIMINAL PROCEEDING FOR EXEMPTION FROM FILLING CERTIFIED COPY OF THE
ANNEXURES.
MOST
RESPECTFULLY SHOWETH: -
1.
That the petitioner has filed the
accompanying petition under section 482 Cr.P.C., seeking relief of quashing of
F.I.R. No. XX/20XX registered with P.S________, Delhi under section 498-A/406/34 IPC.
and section 4 of Dowry prohibition Act.
2.
That petitioner has filed true copies of
the annexures in the above-said petition. The petitioner undertakes to file the
certified copy of the documents before this Hon’ble court as and when the
certified copies of the aforesaid annexure’s are made available to them
PRAYER
It is, therefore, most
respectfully prayed that this Hon’ble Court may be pleased to exempt the
petitioners from filing certified copies of the annexure to the above-said
petition and the matter may kindly be heard on merits.
Any other relief (s) that this
Hon’ble court deems fit and proper may also be passed in favor of the
petitioners.
Dated Petitioner
New
Delhi Through
Counsel
XXXXX & ASSOCIATES
Office -
XXXXXXXX
Mob - XXXXXXX
Mail -
XXXXXXXXXXXXXXX
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXXX S/O XXXX AGE ABOUT XX YEARS RESIDENT OF: -________________________, do
hereby solemnly affirm and declare as under: -
1.
That I am the petitioner in the above-noted
case well conversant with the facts of the case and competent to swear this
affidavit.
2.
That the accompanying application under
section 482 Cr.P.C for quashing the F.I.R. No.XX/20XX registered with the
Police Station ________, Delhi has been
drafted by my counsel under my instructions and the averments made therein are
true and correct to my knowledge and understood in my own language.
3.
That the contents of the application may
be read as part and parcel of this affidavit and are not being reproduced
herein for the sake of brevity.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this _______day of XX, 20XX that the fact as stated in the above
affidavit is correct and true to my knowledge and nothing material has been
concealed therefrom.
DEPONENT
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. MISC. MAIN NO.____OF 20XX)
IN THE MATTER OF:
XXXX .....PETITIONERS
VERSUS
XXXX …..RESPONDENTS
AFFIDAVIT
AFFIDAVIT
OF XXXX D/O OF XXXX AGE ABOUT YEARS RESIDENT OF:-__________________________, do
hereby solemnly affirm and declare as under: -
1.
That I am the respondent no.2 in the
above noted case and is able to depose and swear the facts leading to the
present petition and competent to swear the present affidavit.
2.
That the deponent got registered an
F.I.R. No. 0XX/20XX under section 498-A/406/34 IPC and section 4 of the
dowry prohibition act with the police station Shahdara, Delhi, against the
petitioners. The dispute is amicably settled between the parties, with the
intervention of the relatives and common friends.
3.
That now respondent no. 2 does not want
to proceed with the present case and has agreed to end the present litigation
as per settlement deed dated XX.XX.20XX and ready to cooperate for quashing the
F.I.R. before the Hon’ble High court, since the sections under which the F.I.R
has been lodged are not compoundable as such the present petition, and the
respondent no.2 wants to compound the part F.I.R. being quashed.
4.
That deponent states that the present
affidavit is being filed by her out of her own will and free consent without
any force, coercion or undue influence, and has been understood the same in my
vernacular language.
DEPONENT
VERIFICATION:
-
Verified
at Delhi on this _______ day of XXXX, 20XX that the fact as stated in the above
stated affidavit are correct and true to my knowledge and nothing material has
been concealed there from.
DEPONENT