IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

 

______________                       …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

INDEX

S.No. Particulars   Page Nos.
       
1. Notice of Motion   A
       
2. Urgent Application   B
       
3. Memo of party   C
       
4. Criminal Misc. Main petition for quashing of FIR no. ___ dated _______, U/S 285/304-A IPC, P.S. _______, u/s 482 Cr.P.C. alongwith affidavit

 

  1 –
5. Annexure P-1

Copy of FIR No.___ dated _____

   
       
6. Annexure P-2

Copy of Compromise Deed dated ______

   
       
7. Annexure P-3

Copy of the Demand Draft dated _________

   
       
8 Annexure P-4

Affidavit of Respondent No. 2

   
       
9. Application for exemption from filing certified copies of the annexures alongwith affidavit    
       
10. Vakalatnama    

 

 

 

Petitioner

Through

________

Advocate

 _______________,

Place:                                                  _____________________

Date:                                                  Delhi High Court, New Delhi

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

 

_____________________                             …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

 

NOTICE OF MOTION

 

Sir,

 

The enclosed petition in the aforesaid matter is being filed on behalf of the petitioner and is likely to be listed on __________ or any date, thereafter. Please take notice accordingly. Issue any appropriate order for quashing and setting aside the FIR No. ___ dated ______.

 

 

Petitioner

Through

Advocate

 

 

 

 

 

 

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

 

To,

The Deputy Registrar,

Delhi High Court,

New Delhi

 

Case No. ________________________ of 2010

 

IN THE MATTER OF:

 

_____________________                             …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

URGENT APPLICATION

Sir,

Will you kindly treat the accompanying petition as urgent one in accordance with the High Courts Rules and Orders.

1.       The ground of urgency are:

 

 

Yours faithfully,

 

 

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

__________________                         …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

MEMO OF PARTIES

 

1.

2.

 

…       PETITIONERS

 

Versus

1.       N.C.T. of Delhi

2.

…       Respondents

 

 

 

 

 

Petitioner

Through

Advocate

 ____________,

Place:                                                  ______________

Date:                                                    Delhi High Court, New Delhi

 

 

 

 

 

 

 

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

 

_____________ &  Others                            …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

 

CRIMINAL MISC. MAIN PETITION FOR QUASHING OF FIR NO.____ Dated _________, U/S ________IPC, P.S. _______________, DELHI, U/S 482 CR.P.C.

 

It is most respectfully submitted as under:-

  1. That the petitioner no 1 is a ___________ and petitioner no. 2 is working as a Manager of the petitioner no. 1 concern.
  2. That the respondent No. 2 is the of the deceased, Late
  3. That the deceased was working as in the factory of petitioner no 1 and was drawing a monthly salary of Rs. ______/- per month.
  4. That on _______ the deceased unfortunately died in an accident while working in the factory of the petitioner no. 1.
  5. That an FIR No. _____ was registered at P.S. __________   on _____, U/ss 285/304-A IPC in connection with the death of the deceased ___________. Copy of the said FIR is enclosed and marked as Annexure P-1.

 

  1. That subsequently the parties executed a compromise deed dated __________, wherein it has been mutually agreed and settled between the parties that neither the petitioners nor any other person was responsible for the death of the deceased, which took place by way of an accident under extremely unfortunate circumstances. A copy of the Memorandum of Settlement is enclosed and marked as Annexure P-2.
  2. That it has been settled between the parties in the aforesaid Compromise Deed that the petitioner no. 1 has agreed to pay a sum of _______/- (Rupees _________ only) by way of Pay Order dated Copy of the aforesaid pay order is enclosed and marked as Annexure P-3(colly)
  3. That as per the Memorandum of Settlement executed between the parties, there is no claim or dispute whatsoever pending between the respondent as against the petitioners.   As per the settlement deed, the FIR No. _____ and the allegations made by the respondent in the FIR stand withdrawn and the respondent shall make a formal statement for quashing of the aforesaid FIR, before this Hon’ble Court. A copy of the affidavit of respondent no. 2 is enclosed and marked as Annexure P-4.

 

  1. That in view of the amicable settlement between the parties, the present petition is being filed for quashing of the aforesaid FIR.

 

  1. That the present petition is being filed on inter-alia the following amongst other grounds:-

GROUNDS

 

  1. For that the petitioners and respondent no. 2 have amicably settled the matter vide Memorandum of Settlement dated __________, whereby the respondent has agreed to the quashing of the aforesaid FIR No. ____.

 

  1. For that no useful purpose would be served by continuing the prosecution pursuant to the aforesaid FIR. It would be in the interests of justice that the said FIR is quashed.

 

  1. For that it has been settled between the parties that the death of was caused due to an accident and that no one was responsible for the same.

 

  1. For that in any event, on a reading of the FIR as it is, no offence whatsoever is made out against the petitioners including the offences U/S’s 287,336,304-A, IPC.

 

  1. That this Hon’ble Court has the jurisdiction to entertain and adjudicate the instant petition.

 

  1. That this petition is being filed within a reasonable time and there is no delay in the same.

 

  1. That no other petition for quashing of FIR, has been filed by the petitioners before this Hon’ble Court or any other Court of law.

 

  1. That the aforesaid facts and grounds constitute the cause of action for filing the present petition.

PRAYER

In view of the aforesaid, it is most respectfully prayed that this Hon’ble Court may be pleased to:-

 

a)           Quash the FIR No. ____ U/s 287/ 336/304- A, Indian Penal Code, P.S. ________________;

b)           Pass any other order as may be deem fit and proper in the facts and circumstances of the case.

Petitioners

Through

______

Advocate

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

 

________________________                        …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

AFFIDAVIT

I, _________, S/o Late ______________, aged about ____ years, R/o ____________ do hereby solemnly affirm and declare as under:-

 

  1. That I am the petitioner in the aforesaid case and am acquainted with the facts and circumstances of the case.
  2. That the accompanying petition for quashing of FIR has been drafted by my counsel under my instructions.
  3. That the contents of the petition are true and correct to the best of my knowledge, information and belief and nothing material has been concealed there from.

DEPONENT

Verification:

Verified at New Delhi today i.e.            day of ____, 20__ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

 

__________________                         …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

AFFIDAVIT

I,                                    S/o                                           , R/o                                                            do hereby solemnly affirm and declare as under:-

 

  1. That I am the petitioner in the aforesaid case and am acquainted with the facts and circumstances of the case.
  2. That the accompanying application for exemption has been drafted by my counsel under my instructions.
  3. That the contents of the application are true and correct to the best of my knowledge, information and belief and nothing material has been concealed there from.

DEPONENT

Verification:

Verified at New Delhi today i.e.            day of ___, 20__ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

 

________________                             …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

AFFIDAVIT

 

I, ________ W/o _________________ R/o _________________ do hereby solemnly affirm and declare as under:-

 

  1. That I am the respondent no. 2 in the aforesaid case and am acquainted with the facts and circumstances of the case.
  2. That I have no objection to the quashing of FIR No. ___ dated _______ U/ss 285 & 304-A IPC registered in Police Station ____________. I have entered into a compromise in this regard, vide Compromise Deed dated ____________.
  3. That the contents of the affidavit have been read and explained to me in vernacular language.

 

DEPONENT

Verification:

Verified at New Delhi today i.e.            day of ___, 20__ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

I.A. No.______ of 20__

IN

Crl. Misc. (Main) No. ______ of 20___

IN THE MATTER OF:

 

__________________                         …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

APPLICATION FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE ANNEXURES.

 

The Petitioner most respectfully submit as under:-

1.       That the certified copies of certain Annexures (as required by the Rules) mentioned in the accompanying petition, shall be filed before this Hon’ble Court in due course as and when the same are received.

PRAYER

It is most respectfully prayed that this Hon’ble Court may be pleased to:

a.       Grant exemption from filing of certified copies of certain annexures, with liberty to file the same in due course; &

b.       pass any other order as may be deemed fit in the facts and circumstances of the case.  

Petitioner

Through

Advocate

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRA ORDINARY CRIMINAL JURISDICTION)

Crl. Misc. (Main) No. ______ of 20__

IN THE MATTER OF:

 

_____________________                             …       PETITIONER

 

VERSUS

N.C.T. of Delhi & Another                    …       RESPONDENTS

 

AFFIDAVIT

I, ______ , S/o ______ , aged about _____ ,Chamber _____,  New Delhi  do hereby solemnly affirm and declare as under:-

 

  1. That I am the proxy counsel in the aforesaid case and am acquainted with the facts and circumstances of the case.
  2. That the accompanying application for exemption for filing certified copies has been drafted by me.
  3. That the contents of the application are true and correct to the best of my knowledge, information and belief and nothing material has been concealed there from.

DEPONENT

Verification:

Verified at New Delhi today i.e.            day of March, 20__ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

 

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Comments
  1. Ashok Sehgal/Kavita Sehgal says:

    We r the petitioner to quash an FIR .Respondents are not cooperating in the quashing inspite of their written undertaking given to ADJ that they(respondents) will cooperate in quashing.. Also respondents have undertaken to pay Rs.85,00,000 in consideration of which petitioner have given the physical possession of the 2nd floor with roof rights. But respondents after getting the possession are now evading the payment and not ready to make it. Can the high court where quashing proceedings r pending can order the payment of Rs.85,00,000 to the petitioner? In the event of failure can the Court order them to go to jail untill the payment is made?? or only filing of civil suit is the remedy.

    Like

    • Chenoy Ceil says:

      If the undertaking to pay the said amount was given before ADJ then you may file for contempt of court before the same court. The High Court will not look into such undertakings while dealing with quashing of FIR. However, if there was no undertaking to pay the said amount before any court then your remedy for recovery is before the civil court. However, without knowing the entire facts it would be difficult to guide you. You may mail me if required to chenoyceil@gmail.com

      Like

  2. Rajiv kadiyan says:

    498/A quashing

    Like

  3. Manoj says:

    Can we also go for quashing false FIR even if complainant is not ready for compromise and her intention is to harass. We have solid grounds to prove the FIR as false.

    Like

  4. Basanta Nanda says:

    Sir ,
    I want to know about the procedures and provisions of article 136 of constitution of India . For filing of SLP against the order of High court u/s 420/34 IPC , which was filed u/s 482 Cr.P C.
    If it is possible please help me in this regards.
    B K Nanda , Odisha.

    Like

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