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

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