IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Criminal writ petition number OF 2024
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number/2024
Under Sections 287/304A of the Indian Penal Code
P.S.: Police station, Delhi
INDEX
| S.NO. | PARTICULARS | PAGES |
|---|
| 1. | NOTICE OF MOTION | |
| 4. | LIST OF DATES AND EVENTS | |
| 5. | CRIMINAL WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR QUASHING OF FIR, ALONG WITH AFFIDAVIT IN SUPPORT | |
| 6. | ANNEXURE P-1: COPY OF FIR BEARING NO. FIR number/2024, P.S.: Police station, DELHI | |
| 7. | ANNEXURE P-2 (COLLY): COPY OF MEMORANDUM OF UNDERSTANDING (MoU) DATED Month of MoU.Day of MoU.2024 BETWEEN THE PETITIONER AND COMPLAINANT / RESPONDENTS NO. 2 AND 3 | |
| 8. | ANNEXURE P-3 (COLLY): AFFIDAVITS OF RESPONDENTS NO. 2 AND 3 | |
| 9. | ANNEXURE P-4 (COLLY): COPY OF ID PROOF AND PHOTOGRAPH OF THE PETITIONER AND RESPONDENTS NO. 2 AND 3 | |
| 10. | APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR EXEMPTION FROM FILING CERTIFIED COPIES, WITH AFFIDAVIT IN SUPPORT | |
| 11. | VAKALATNAMAS OF THE PETITIONER AND RESPONDENTS NO. 2 AND 3 | |
PETITIONER
THROUGH
Place: New Delhi
Dated:
ADVOCATES
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Criminal writ petition number OF 2024
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number/2024
Under Sections 287/304A of the Indian Penal Code
P.S.: Police station, Delhi
NOTICE OF MOTION
To,
The State
Sir,
The Petitioner has filed the accompanying petition, which is likely to be listed on or around Date of listing, or soon thereafter.
PETITIONER
THROUGH
Place: New Delhi
Dated:
ADVOCATES
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Criminal writ petition number OF 2024
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number/2024
Under Sections 287/304A of the Indian Penal Code
P.S.: Police station, Delhi
URGENT APPLICATION
To
The Joint Registrar,
Hon'ble High Court of Delhi,
New Delhi.
Sir,
You are kindly requested to treat the accompanying petition / application as urgent in accordance with the provisions of the Delhi High Court Rules, regulations and orders.
The grounds of urgency are as set out in the accompanying petition / application. The accompanying petition seeks the quashing of the proceedings in FIR No. FIR number/2024, registered under Section 287/304A of the Indian Penal Code at P.S. Police station, Delhi.
PETITIONER
Place: New DelhiTHROUGH
Dated:
ADVOCATES
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Criminal writ petition number OF 2024
IN THE MATTER OF:
Petitioner's name, Petitioner's address: PETITIONER
VERSUS
1. First respondent's name
2.Second respondent's name
3. Third respondent's name: RESPONDENTS
FILED BY
Place: New Delhi
Dated:
ADVOCATES
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Criminal writ petition number OF 2024
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
1. First respondent's name
2.Second respondent's name
3. Third respondent's name: RESPONDENTS
FIR No. FIR number/2024
Under Sections 287/304A of the Indian Penal Code
P.S.: Police station, Delhi
WRIT PETITION ON BEHALF OF THE PETITIONER UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR QUASHING OF FIR NO. FIR number/2024 UNDER SECTION 287/304A OF THE INDIAN PENAL CODE REGISTERED AT POLICE STATION Police station, DELHI, AND THE PROCEEDINGS EMANATING THEREFROM
MOST RESPECTFULLY SHOWETH:
1.That the Petitioner is a law-abiding citizen of India, having full faith in the administration of justice, and is the Proprietor of Petitioner's firm name. That the Petitioner has sought to invoke the extraordinary jurisdiction of this Hon'ble Court under Section 482 of the Code of Criminal Procedure for the quashing of FIR No. FIR number/2024, registered under Section 287/304A of the Indian Penal Code at P.S. Police station, on the basis of a complaint lodged by Respondents No. 2 and 3 against the Petitioner. A copy of the FIR bearing No. FIR number/2024 is annexed hereto as Annexure P-1.
2.That the Petitioner is aggrieved by the FIR lodged by Respondents No. 2 and 3 at Police Station Police station, Delhi. By means of the present petition, the Petitioner is, inter alia, seeking the quashing of the said FIR No. FIR number/2024 (hereinafter, the "FIR") and all proceedings emanating therefrom.
3.That the present petition has been filed by the Petitioner, and the brief facts of the case necessary for its disposal are summarised as under:
3.1It is the case of the prosecution that Respondent No. 2 earns his livelihood by collecting garbage from houses in the Name of the colony colony with a cart. On Day of month of incident March 2024, at around Time of the incident, Person who informed respondent no.2 informed him that Caller's name had called to say that Caller's relationship description's brother, Deceased's name, who had gone to work at the Name of the landfill site for the first time that day along with Co-worker's name, Co-worker's name and Co-worker's name, had been buried under the garbage. When Respondent No. 2 reached the Name of the landfill site, he was told that his brother Deceased's name had been taken to hospital. Upon arriving at Name of hospital Hospital, Respondent No. 2 found his brother Deceased's name dead, as alleged.
3.2Respondent No. 2 further stated that his brother's death occurred because the owners and managers of Company name Pvt. Ltd. and Company name Company had failed to maintain proper safety measures, and that owing to their negligence and irresponsibility, Deceased's name had died on account of a machine operated by the company. Respondent No. 2 stated that he desired strict legal action to be taken against the owners and managers of the company, as alleged.
3.3That, in the course of the investigation, the Petitioner was granted bail, subject to conditions. The Investigating Officer is yet to file the charge-sheet in the present FIR, and no trial proceedings have as yet commenced in respect of the said FIR.
4.That, in the meanwhile, upon the intervention of the elders of society, friends, family members, relatives and neighbours of the locality, the dispute has been amicably settled between Respondents No. 2 and 3 and the Petitioner, and a Memorandum of Understanding (MoU) dated Month of MoU.Day of MoU.2024 has been executed between the parties out of their own free will and consent, and without any pressure, influence or coercion. It has been agreed between the parties in the said MoU that the Petitioner shall pay a total sum of Settlement amount (₹) to Respondent No. 3 as full and final settlement of all their claims. A copy of the MoU dated Month of MoU.Day of MoU.2024 between the Petitioner and Respondents No. 2 and 3 is annexed hereto as Annexure P-2.
5.That, in terms of the said MoU, the Petitioner has paid a sum of Advance settlement amount (₹) to Respondent No. 3 by way of a Demand Draft bearing No. Demand draft number dated Month of demand draft.Day of demand draft.2024, drawn on Bank name Bank Ltd., Bank branch Branch, Delhi, at the time of execution of the said MoU, and the remaining amount shall be paid to Respondents No. 2 and 3 at the time of the quashing of the present FIR before this Hon'ble Court. It has further been agreed by Respondents No. 2 and 3 that they shall not file any claim petition before any competent court of law and shall co-operate in the quashing of the present FIR before this Hon'ble Court.
6.That in view of the aforesaid settlement, the complainant / Respondent no. 2 and 3 have submitted that the allegations in the FIR are no longer sought to be pursued, as the alleged incident occurred accidentally and there was no fault on the part of the Petitioner. The relationship between the deceased, who was the son of Respondent no. 2, and the Petitioner was that of owner and employee, and they shared a good and cordial relationship. As a result, the Petitioner endeavoured to compensate Respondent nos. 2 and 3 for their loss so as to assist them in their future prospects. Respondent nos. 2 and 3 have stated that they do not wish to pursue the present FIR. The affidavits of Respondent nos. 2 and 3 are annexed as Annexure P-3 (colly).
7.Aggrieved by the FIR registered against the Petitioner, the Petitioner is filing the present petition seeking quashing of the FIR on the following, amongst other, grounds:
- : G R O U N D S : -
A.For that it is a settled principle of law that even otherwise there is no allegation against the Petitioner and no material evidence has been filed against the Petitioner which would constitute an offence, and therefore the said FIR is liable to be quashed on this ground alone.
B.For that it is submitted that the present complaint does not disclose any offence alleged to have been committed by the Petitioner, as the complainant has submitted that the allegations are no longer sought to be pursued, since the alleged incident occurred accidentally and there was no fault on the part of the Petitioner. The relationship between the deceased, who was the son of Respondent no. 2, and the Petitioner was that of owner and employee, and they shared a good and cordial relationship, as a result of which the Petitioner endeavoured to compensate Respondent nos. 2 and 3 for their loss so as to assist them in their future prospects.
C.For that nothing survives in the present FIR, as the complainant does not wish to pursue the matter further, an amicable mutual settlement having been arrived at between the Petitioner and the complainant / Respondent nos. 2 and 3 in terms of the MoU. The Petitioner has already paid a sum of Advance settlement amount (₹) to Respondent no. 3 by way of Demand Draft bearing No. Demand draft number dated Day of demand draft.Month of demand draft.2024, drawn on Bank name Bank Ltd., Bank branch Branch, Delhi, at the time of execution of the said MoU, and the remaining amount shall be paid to Respondent nos. 2 and 3 at the time of quashing of the present FIR before this Hon'ble Court. It has further been agreed by Respondent nos. 2 and 3 that they shall not file any claim petition before any competent court of law and shall co-operate in quashing the present FIR before this Hon'ble Court.
D.For that the charge-sheet has not yet been filed by the Investigating Officer before the learned Trial Court, and the Petitioner has fully co-operated in the investigation, with nothing incriminating having been found against him till date.
E.For that the present FIR being ex facie mala fide 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.
F.Because in the present case, even if the allegations made by the complainant are taken to be true, no offence under Sections 287/304A of the IPC is made out. It is pertinent to mention that even if the contentions of the complainant are believed to be true, the present case does not fall within that purview.
G.Because it has been held by the Hon'ble Supreme Court in the case of "K.R. Purushothaman Vs. State of Kerala" 2005 (12) SCC 631 that each one of the circumstances must be proved beyond reasonable doubt, and such circumstances so proved must form a chain of events from which the only irresistible conclusion about the guilt of the accused can be safely drawn, and no other hypothesis of guilt is possible. We respectfully agree with the law laid down in Navjot Sandhu's case and K.R. Purushothaman's case.
H.Because it has been held by the Hon'ble Supreme Court in the case of "Gian Singh Vs. State of Punjab", in para 57, that the position which emerges from the above discussion can be summarised 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. In what cases the power to quash the criminal proceeding or complaint or FIR may be exercised, where the offender and victim have settled their dispute, would depend upon the facts and circumstances of each case, and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or the victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act, or the offences committed by public servants while working in that capacity, etc., cannot provide any basis for quashing criminal proceedings involving such offences. But criminal cases having an overwhelmingly and pre-dominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions, or the offences arising out of matrimony relating to dowry, etc., or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash the criminal proceedings if, in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak, and the continuation of the criminal case would put the accused to great oppression and prejudice, and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding, or whether the continuation of the criminal proceeding would tantamount to abuse of the process of law despite the settlement and compromise between the victim and the wrongdoer, and whether, to secure the ends of justice, it is appropriate that the criminal case is put to an end; and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.
I.In R. Klayani Vs. Janak C. Mehta & Ors, 2009 (1) SCC 516, wherein in para Nos. 15 and 16 it was held as under:
"15. Propositions of law which emerge from the said decisions are:
(1)The High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal proceeding and, in particular, a first information report, unless the allegations contained therein, even if given face value and taken to be correct in their entirety, disclose no cognizable offence. (2) For the said purpose the Court, save and except in very exceptional circumstances, would not look to any document relied upon by the defence.
(3)Such a power should be exercised very sparingly. If the allegations made in the FIR disclose commission of an offence, the Court shall not go beyond the same and pass an order in favour of the accused to hold absence of any mens rea or actus reus.
(4)If the allegation discloses a civil dispute, the same by itself may not be a ground to hold that the criminal proceedings should not be allowed to continue."
It is further well settled that no hard and fast rule can be laid down in this regard, and each case must be considered on its own merits. While exercising its inherent jurisdiction, the Court would not ordinarily interfere with a genuine complaint, keeping in view the purport and object for which Sections 482 and 483 of the Code of Criminal Procedure were enacted by Parliament; however, it would not hesitate to exercise its jurisdiction in appropriate cases. One of the paramount duties of the Superior Courts is to ensure that a person who is apparently innocent is not subjected to persecution and humiliation on the basis of a false and wholly untenable complaint."
J.That, with regard to the power and jurisdiction of this Court to entertain the present petition under Section 482 Cr.P.C., the Hon'ble Apex Court, in its recent decision in Prashant Bharti v. State of NCT of Delhi, 2013 (2) AD (S.C.) 89, decided on 23.01.2013, in a similar and identical case, observed inter alia as under:-
"19. The proposition of law pertaining to the quashing of criminal proceedings initiated against an accused by a High Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C.") has been dealt with by this Court in Rajiv Thapar & Ors. vs. Madan Lal Kapoor (Criminal Appeal No. ...... of 2013, arising out of SLP (Crl.) No. 4883 of 2008, decided on 23.01.2013), wherein this Court inter alia held as under:
22.The issue being examined in the instant case is the jurisdiction of the High Court under Section 482 of the Cr.P.C., if it chooses to quash the initiation of the prosecution against an accused, at the stage of issuing process, or at the stage of committal, or even at the stage of framing of charges. These are all stages before the commencement of the actual trial. The same parameters would naturally be available for later stages as well. The power vested in the High Court under Section 482 of the Cr.P.C., at the stages referred to hereinabove, would have far-reaching consequences, inasmuch as it would negate the prosecution's/complainant's case without allowing the prosecution/complainant to lead evidence. Such a determination must always be rendered with caution, care and circumspection. To invoke its inherent jurisdiction under Section 482 of the Cr.P.C., the High Court has to be fully satisfied that the material produced by the accused is such as would lead to the conclusion that his/their defence is based on sound, reasonable and indubitable facts; that the material produced is such as would rule out and displace the assertions contained in the charges levelled against the accused; and that the material produced is such as would clearly reject and overrule the veracity of the allegations contained in the accusations levelled by the prosecution/complainant. It should be sufficient to rule out, reject and discard the accusations levelled by the prosecution/complainant, without the necessity of recording any evidence. For this purpose, the material relied upon by the defence should not have been refuted, or alternatively, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the accused should be such as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of the process of the Court and secure the ends of justice."
K.That, on the strength of the above judgments and the statements of the Complainant/Respondents no. 2 and 3, the present FIR is liable to be quashed.
8.That the petitioner craves leave of this Hon'ble Court to raise such other or further grounds as may be available to them at the time of hearing of the present petition.
9.That the petitioner craves leave to alter or amend the petition with the permission of this Hon'ble Court, and by way of the present petition, the petitioner humbly seeks the indulgence of this Hon'ble Court to pass appropriate orders for quashing of the FIR.
10.It is submitted that this Hon'ble High Court has the requisite territorial jurisdiction to try and entertain the present Petition, as the FIR has been registered within the territorial limits of this Hon'ble Court. Moreover, the impugned FIR has been registered from within the territorial limits of this Hon'ble Court's jurisdiction.
CERTIFICATE OF NON-FILING
11.The petitioner has not filed any other Petition, or any similar petition, either before this Hon'ble Court, or before the Hon'ble High Court of Delhi at New Delhi, or before the Hon'ble Supreme Court of India, except the one detailed above.
P R A Y E R
In the facts and circumstances of the case, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:-
A.Issue a writ of direction quashing the FIR bearing No. FIR number/Year of FIR and case numbers under Sections 287/304A of the IPC registered at P.S. Police station, along with all proceedings emanating therefrom.
B.Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in order to meet the ends of justice.
It is, therefore, most respectfully prayed accordingly.
PETITIONER
Place: Place of filingTHROUGH
Dated: Date of filing
ADVOCATES
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. NO. Criminal miscellaneous number OF Year of FIR and case numbers.
IN
CRL. WRIT PETITION No. Criminal writ petition number OF Year of FIR and case numbers.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number/Year of FIR and case numbers
U/s.: 287/304A of IPC
P.S.: Police station, Delhi
APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE Documents for which certified copies are exempted
MOST RESPECTFULLY SHOWETH:-
1.That the petitioner has filed Annexures along with the main petition in support of the petition, and the Annexures so filed are true, correct and compared copies of the originals.
2.That the petitioner shall apply for obtaining the certified copies of the Annexures and undertakes to file the same as soon as they are made available by the concerned copying agency.
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to exempt the petitioner from filing the certified copies of the Annexures.
Such 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, in order to meet the ends of justice.
PETITIONER
Through
Place: Place of filing
Dated: Date of filing
ADVOCATES
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Criminal writ petition number OF Year of FIR and case numbers.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Deponent's (petitioner's) name, aged about Deponent's age years, S/o Sh. Deponent's father's name, Proprietor of M/s. Petitioner's firm name, having its Registered Office at Registered office address, Registered office locality, do hereby solemnly affirm and declare as under:-
1.That I, the deponent, am the Petitioner in the above-captioned case and am well conversant with the facts and circumstances of the present petition, and hence I am competent to swear the present affidavit.
2.That the accompanying petition has been drafted by my counsel under my instructions, and the factual contents thereof are true and correct to the best of my knowledge.
3.That the contents of the Synopsis, the List of Dates, and paragraphs No. 1 to Last fact paragraph number of petition, including the sub-paragraphs thereof, of the accompanying petition are true and correct to my knowledge; and the contents of the Grounds and paragraphs No. First ground paragraph number to Last ground paragraph number of the accompanying petition are based on legal advice received, which is believed to be true. The last paragraph contains the prayer before this Hon'ble Court.
4.That the annexures annexed to the accompanying petition are true copies of their respective originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of July, 2024, that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. NO. Criminal miscellaneous number OF 2024.
IN
CRL. WRIT PETITION No. Criminal writ petition number OF 2024.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Mr. Deponent's (petitioner's) name, aged about Deponent's age years, S/o Sh. Deponent's father's name, Proprietor of M/s. Petitioner's firm name, having its Registered Office at Registered office address, Registered office locality, who does hereby solemnly affirm and declare as under:-
1.That I am the Petitioner 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 upon my instructions, my advocate is filing the accompanying Application seeking exemption from filing certified copies in the above-mentioned case, and I am fully conversant with the facts thereof. I state that the facts stated therein are true and correct to my knowledge, and any annexures filed along with the Application are true copies of their respective originals.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of July, 2024, that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Criminal writ petition number OF 2024.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT OF RESPONDENT NO. 2
Affidavit of Mr. Deponent's (respondent no.2's) name, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's address, Deponent's locality, who does hereby state on solemn affirmation and declare as under:-
1.That I am the Complainant / 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 I have gone through the averments made in the accompanying petition filed under Section 482 Cr.P.C.; the same are true and correct to the best of the deponent's knowledge, and the same have been explained to me in vernacular.
3.That I confirm that the FIR in question, bearing No. FIR number/2024 under Sections 287/304A of the IPC, with P.S. Police station, Delhi, was registered by me against the Petitioner. I further confirm that the matter has been settled / compromised amicably with the Petitioner vide MoU dated Month of MoU.Day of MoU.2024, that I shall not file any claim petition before any competent court of law, and that I shall co-operate in the quashing of the present FIR.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of July, 2024, that the facts stated in the above affidavit are true to my knowledge, that no part thereof is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. WRIT PETITION No. Criminal writ petition number OF 2024.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT OF RESPONDENT NO. 3
Affidavit of Sh. Deponent's (respondent no.3's) name, aged about Deponent's age years, S/o Sh. Deponent's father's name, R/o Deponent's address, Deponent's locality, presently at Deponent's current location, who does hereby state on solemn affirmation and declare as under:-
1.That I am the legal representative / father of the Complainant as well as of the Deceased, and Respondent No. 3 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 I have gone through the averments made in the accompanying petition filed under Section 482 Cr.P.C.; the same are true and correct to the best of the deponent's knowledge, and the same have been explained to me in vernacular.
3.That I confirm that the FIR in question, bearing No. FIR number/2024 under Sections 287/304A of the IPC, with P.S. Police station, Delhi, was registered by my son, Son's (complainant's) name, against the Petitioner. I further confirm that the matter has been settled / compromised amicably with the Petitioner vide MoU dated Month of MoU.Day of MoU.2024, that I shall not file any claim petition before any competent court of law, and that I shall co-operate in the quashing of the present FIR.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification day of July, 2024, that the facts stated in the above affidavit are true to my knowledge, that no part thereof is false, and that nothing material has been concealed therefrom.
DEPONENT