Criminal complaints and FIRs

Memorandum of understanding for settlement and quashing of FIR

Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.

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MEMORANDUM OF UNDERSTANDING / SETTLEMENT

This Memorandum of Understanding / Settlement Deed is executed at Place of execution on this Date of execution between First party's name, S/o Sh. First party's father's name, R/o First party's address (hereinafter referred to as the "First Party").

A N D

Second party's name Second party's relationship descriptor (S/o, D/o or W/o), R/o Second party's address (hereinafter referred to as the "Second Party").

WHEREAS: -

I.The Second Party had lodged an FIR bearing No. FIR number dated Date of FIR against the First Party under Sections 323/341/506/34 of the IPC at the Police station, City or State of police station jurisdiction.
II.Both parties desire to settle the matter amicably and to seek quashing of FIR No. FIR number dated Date of FIR under Sections 323/341/506/34 of the IPC registered at the Police Station Police station, City or State of police station jurisdiction. In this regard, both parties have discussed and deliberated upon the modalities for resolution of the disputes between the First Party and the Second Party.
III.The parties aim to resolve their disputes amicably, in pursuance of which the present Memorandum of Understanding is being executed by both parties.
IV.That, without admitting any liability, the First Party is compromising the matter in order to be saved from the harassment and litigation arising out of the aforesaid disputes.

NOW THIS DEED OF COMPROMISE WITNESSETH AS UNDER:-

1.That the Second Party undertakes to withdraw the said FIR No. FIR number dated Date of FIR against the First Party under Sections 323/341/506/34 of the IPC registered at the Police Station Police station, City or State of police station jurisdiction, before the Name of the Hon'ble High Court, and the Second Party further undertakes to cooperate in and sign all documents required for the quashing of the said FIR, as nothing now remains of any nature whatsoever between the First Party and the Second Party. The Second Party further undertakes to cooperate and sign at the time of filing and withdrawing the said FIR before the Name of the Hon'ble High Court.
2.That it has further been agreed between the parties that they shall withdraw all litigation pending against each other, arising out of the said disputes, if any, before any other court or forum.
3.That it has been further undertaken by the parties that they shall not institute or proceed against each other in any case(s) whatsoever, as, with the execution of this deed of compromise, each and every claim and dispute between them stands settled.
4.That the consent for signing this MoU / Settlement Deed and for the settlement of the disputes between the First Party and the Second Party has been given by the parties out of their own free will and accord, and not under any pressure, inducement, coercion, compulsion, force, fraud or undue influence of any kind.
5.That both parties shall be bound by the terms and conditions of the present MoU in the manner indicated above, in all respects.
6.That both parties have executed this MoU of their own accord and free will, without any perpetration of force, undue influence or coercion from any quarter, and both parties shall be estopped in law from assailing the validity of any clause or term of this MoU on the ground of the same being void or unlawful. Further, the parties have confirmed and undertaken that they were afforded sufficient time and opportunity to consult legal counsel of their own choice, and it is only after such consultations with the counsels of their choice, and upon full understanding of the effect of the terms and conditions of the present settlement deed, that the parties have executed the present MoU.
7.That it has been further resolved that, by signing and executing this deed of compromise, the parties hereto undertake to abide by the terms and conditions of this compromise deed.

IN WITNESS WHEREOF, both parties have set their respective hands to this compromise / settlement deed in the presence of the undermentioned witnesses, on the date, month, year and place first above mentioned.

WITNESSES:

1. 
2. 
First party's nameFIRST PARTY
Second party's nameSECOND PARTY

PLACE: Place of execution

DATE: Date of execution

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