IN THE MATTER OF:-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station
INDEX
| S.NO. | PARTICULARS | PAGES | C.FEE |
|---|
| 1. | Notice of Motion. | | |
| 4. | List of Dates & Events. | | |
| 5. | Criminal Petition under Section 482 of Cr.P.C. with affidavit in support. | | |
| 6. | Affidavit of Respondent No. 2. | | |
| 7. | ANNEXURE P-1: True typed, translated copy of the F.I.R. bearing No. FIR number. | | |
| 8. | ANNEXURE P-2: True typed copy of the charge-sheet along with its translated copy. | | |
| 9. | ANNEXURE P-3: Copy of the order dated Date of High Court bail order passed by the Hon'ble High Court of Delhi in Bail Application No. Bail application number filed by the petitioner. | | |
| 10. | ANNEXURE P-4: Copy of the MOU / Settlement Deed dated Date of MOU / settlement deed. | | |
| 11. | Application under Section 482 Cr.P.C. seeking exemption from filing certified copies, with affidavit. | | |
| 12. | Identity proofs and photograph. | | |
DELHIPETITIONER
Through his Perokar (Mother)
THROUGH
DATED :-
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN PETITION No. Main petition number OF Year of the main petition.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station
URGENT APPLICATION
To,
The Hon'ble Joint Registrar,
Hon'ble High Court of Delhi,
New Delhi.
Sir,
It is most respectfully prayed that the accompanying petition / application may kindly be treated as urgent, in accordance with the Delhi High Court Rules, Regulations and Orders.
The grounds of urgency are set out in the accompanying petition / application. It is further most respectfully prayed that the accompanying petition seeking quashing of the proceedings in FIR No. FIR number, Police Station Police station, under Section IPC section in FIR of the Indian Penal Code, may kindly be treated as urgent.
Thanking you,
Yours faithfully,
DELHIPETITIONER
Through his Perokar (Mother)
THROUGH
DATED :-
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN PETITION No. Main petition number OF Year of the main petition.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station
MEMO OF PARTIES
MR. Petitioner's name
S/o
R/o Petitioner's address, Petitioner's area PIN code
Through his Perokar (Mother): PETITIONER
VERSUS
1. Respondent no.1's initial
2. MR. Respondent no.1's name,
S/o Respondent no.1's father's name
R/o Respondent no.1's address,
Respondent no.1's locality, Respondent No. 1's PIN code: RESPONDENTS
DELHIPETITIONER
Through his Perokar (Mother)
THROUGH
DATED :-
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN PETITION No. Main petition number OF Year of the main petition.
IN THE MATTER OF :-
MR. Petitioner's name
S/o Petitioner's father's name
R/o Petitioner's house number
Petitioner's street / locality, Petitioner's area PIN code
Through his Perokar (Mother): PETITIONER
VERSUS
1. Respondent no.1's initial
2. MR. Respondent no.1's name
S/o Respondent no.1's father's name
R/o Respondent no.1's address,
Respondent no.1's locality, Respondent No. 1's PIN code: RESPONDENTS
FIR No. FIR number
U/S.: IPC sections in FIR IPC
P.S.: Police station
CRIMINAL PETITION FILED BY THE PETITIONER UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR QUASHING OF THE PROCEEDINGS IN FIR BEARING No. FIR number REGISTERED AT POLICE STATION Police station, DELHI, UNDER SECTIONS IPC sections in FIR OF THE INDIAN PENAL CODE.
MOST RESPECTFULLY SHOWETH:-
1.That the Petitioner is a law-abiding citizen of India and has full faith in the administration of justice. That the Petitioner has invoked 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 registered at Police Station Police station, under Sections IPC sections in FIR of the Indian Penal Code, on the basis of the complaint lodged by Respondent No. 2 against the petitioner.
2.That the petitioner is aggrieved by the criminal complaint filed by Respondent No. 2 at Police Station Police station, which was registered by the police as FIR No. FIR number under Sections IPC sections in FIR of the IPC. By this petition, the petitioner is, inter alia, seeking the quashing of the said FIR No. FIR number and of all proceedings emanating thereunder.
3.That the present petition has been filed by the Petitioner, and the brief facts of the case which are necessary for the disposal of the present petition are summarised as under: -
3.1That the aforesaid FIR was registered on the basis of the complaint lodged by the complainant / Respondent No. 2, Mr. Respondent no.2 / complainant's name, and the same was registered as an FIR by the police officials of Police Station Police station, Delhi, against the petitioner.
3.2That it has been alleged in the FIR that on Date of the incident at around Time of the incident, when Respondent No. 2 was passing through the street near Location of incident, the petitioner, whom Respondent No. 2 had seen on several occasions residing in Petitioner's residence locality and whose name is Petitioner's name, stopped Respondent No. 2 and asked him what he had been telling others about the petitioner, whereupon the petitioner started quarrelling with Respondent No. 2. At the same time, a friend of Respondent No. 2, namely Name of complainant's friend, was also passing by on his Scooty, and Respondent No. 2 called out to him. In the meantime, the petitioner took out a knife and stabbed Respondent No. 2 on his waist and back, whereupon another friend of Respondent No. 2 arrived at the spot and took Respondent No. 2 on his Scooty to Name of the hospital where the complainant was treated. Respondent No. 2 informed the police while he was being taken to the hospital.
3.3That as per the MLC, Respondent No. 2 had received a simple injury, as no vital part of the body was affected and no grievous injury was sustained by him; accordingly, the FIR was registered under Section 324 of the IPC.
3.4That on Date of further statement by the complainant, Respondent No. 2 gave a further statement, on the basis of which Section 324 was replaced by Section IPC section added later.
3.5That on Date of the petitioner's arrest, the petitioner was arrested by the police officials of Arresting police station, and since then the petitioner has been in judicial custody.
3.6That on Date of further medical opinion, the hospital officials gave a further opinion regarding the injuries sustained by Respondent No. 2, wherein the nature of the injuries was shown to be simple.
3.7That on Date of dismissal of the first bail application, the first bail application was dismissed by the Court of Name of first bail court judge, District courts complex Courts, Delhi, and on Date of dismissal of the second bail application, the second bail application was also dismissed by the Court of Sh. Name of second bail court judge, ASJ, District courts complex Courts, Delhi.
3.8That it is respectfully submitted that the petitioner belongs to a lower middle-class family and is the sole bread-earner of his family, having two sisters (one married and one unmarried) and a widowed mother to look after. His arrest has already rendered the life of his family members miserable, as they have been deprived of the basic amenities necessary for life, he being the only earning member of the family. His further detention would make the lives of his family members even more difficult and would darken their entire future.
4.That it is submitted that a bail application under Section 439 of the Cr.P.C. filed by the petitioner is pending before this Hon'ble High Court of Delhi, being Bail Application No. High Court bail application number.
5.That during the course of the proceedings, the matter has been settled between the Petitioner and Respondent No. 2, and the settlement has been reduced into writing. The said FIR was registered on account of an argument between the two sides in the heat of the moment. The parties, with the intervention of a common friend, have settled their disputes qua the said FIR and have agreed not to pursue the complaint relating to the aforesaid incident. As per the terms of the compromise, Respondent No. 2 is ready to withdraw the complaint and to make a statement before this Hon'ble Court qua FIR No. FIR number registered at Police Station Police station, Delhi.
6.That all disputes/claims between the parties stand settled amicably outside the Court due to the intervention of respectable persons of both the parties, and none of the parties to the petition has any claim against the other. The said compromise/settlement has been arrived at between the parties amicably, without any force, coercion, pressure and/or threat from any corner whatsoever, and a compromise deed has been executed between the parties.
7.That the parties to the present petition have assured each other that no case, as mentioned above, is pending against each other before any Court of Law, before the Police Authority, or before any other Authority. It has been further assured by the parties that even in future, both parties shall not file any case, complaint or claim against each other before any Court of Law, the Police Authority or any other authority regarding their disputes/claims and differences. It has also been undertaken and assured by the parties that in case any case, complaint or petition is found pending in any Court of Law or before any other authority, the same shall be treated as null and void and shall not be acted upon.
8.That all the parties to the present petition have settled and compromised the matter and settled all their claims against each other; hence, no useful purpose is likely to be served by continuing the proceedings in the aforesaid case/FIR, and hence the present petition.
9.However, in order to buy peace, the Petitioner is moving the present petition seeking quashing of the FIR, as all accounts of Respondent No. 2 stand discharged and no dispute remains between the parties, on the following, amongst other, grounds: -
- : G R O U N D S : -
A.For that nothing remains between the Petitioner and Respondent No. 2, as all claims have been settled, and the FIR ought to be quashed.
B.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; therefore, the said FIR is liable to be quashed on this ground alone.
C.For that the matter has been amicably settled between the Petitioner and Respondent No. 2 vide MOU dated Date of MOU, and now nothing remains between the parties; no useful purpose will be served if the proceedings are allowed to continue.
D.For that there are no means, and in the absence of the same, no offence under Section IPC section alleged of the Indian Penal Code is made out against the Petitioner.
E.For that the police officials earlier registered the FIR under Section 324 of the Indian Penal Code and later on added Section IPC section added later of the Indian Penal Code on the basis of the false statement of the prosecution.
F.For that, as per the contents of the FIR, it is apparent that the Petitioner has been falsely implicated in the aforesaid case. As per the version of the complainant, at the time of the incident there were two more persons with the complainant, while the Petitioner was alone at that time; hence, the chance of the complainant being hurt by the Petitioner is beyond belief.
G.For that the Petitioner is neither a professional criminal nor has ever been convicted for any other offence, let alone for a crime of this magnitude.
H.For that the complainant/victim was discharged from the hospital on the same day.
I.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 State of Haryana Vs. Bhajan Lal, reported in AIR 1992 SC 604 (para 107), and the Petitioner is entitled to have the proceedings quashed on that ground as well.
J.For that the complainant has not brought any material on record in the FIR or before the Ld. M.M. to infer or substantiate the offence alleged to have been committed by the Petitioner under Section IPC section alleged IPC.
K.That it is further submitted that the Petitioner is not required for further investigation, as the investigation has been completed and the charge sheet has been filed by the prosecution.
L.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 on 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 predominantly 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 process of law despite 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.
10.That the Petitioner has nothing to do with the alleged offence; in fact, the dispute is between Respondent No. 2 and others, and the Petitioner has made sincere efforts for settling the matter. Since the matter has been settled, the Petitioner is not stating anything on the merits of the case, as otherwise it would jeopardise the relationship between the Petitioner and Respondent No. 2.
11.The petitioner further craves leave to urge any additional ground at a later stage, with the permission of this Hon'ble Court.
12.That the petitioner has deep roots in society and no criminal antecedents.
13.That the family and siblings of the petitioner are wholly dependent upon him, as he is the sole breadwinner of the family.
14.That the petitioner has no other efficacious remedy except to approach this Hon'ble Court for justice.
15.That the petitioner has not filed any other petition seeking similar relief before this Hon'ble Court or the Hon'ble Supreme Court.
P R A Y E R
That in the facts and circumstances of the case, it is most respectfully prayed that this Hon'ble Court may be pleased to:-
A.Pass an appropriate order or direction quashing FIR No.FIR number under Section IPC sections in FIR of IPC, Police Station Police station, and all proceedings arising 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 the interests of justice.
It is, therefore, most respectfully prayed accordingly.
DELHIPETITIONER
Through his Perokar (Mother)
THROUGH
DATED :-
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN PETITION No. Main petition number OF 2016
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Smt. Name of petitioner's mother (deponent), aged about Age of petitioner's mother (deponent) years, W/o Late Sh. Name of petitioner's late father, R/o Mother's house number and street, Mother's street / locality, Delhi, do hereby solemnly affirm and declare as under:-
1.That I am the Perokar (mother) of 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 the contents of the accompanying Petition under Section 482 of the Code of Criminal Procedure have been read over and explained to me in vernacular language, and having understood the same, I state that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.
3.That respondent no. 2 lodged a complaint against the petitioner under Section IPC section alleged IPC, pursuant to which FIR bearing No. FIR number was registered at Police Station Police station, Delhi, against the petitioner.
4.That I further state that during the pendency of the investigation of the said FIR, a compromise/settlement has been arrived at between the parties, and pursuant to the said compromise/settlement, all disputes and claims between the parties stand settled amicably outside the Court, with the intervention of respectable persons of both sides, and neither party has any claim against the other. The said compromise/settlement has been arrived at between the parties amicably, without any force, coercion, pressure and/or threat from any quarter whatsoever.
5.That the facts stated in the above Affidavit are true to my knowledge, no part of the same is false and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification of mother's affidavit that the contents of the above Affidavit are true and correct to my knowledge, no part of the same is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. NO. Miscellaneous application number OF 2015
IN
CRL. MISC. MAIN PETITION No. Main petition number OF 2016
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number
U/S: IPC sections in FIR IPC
P.S.: Police station
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 thereof, and the Annexures filed are true, correct and compared copies of the originals.
2.That the petitioner shall apply for obtaining certified copies of the said 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, in the interests of justice.
DELHIPETITIONER
Through his Perokar (Mother)
THROUGH
DATED :-
(
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. MAIN PETITION No. Main petition number OF 2016
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Sh. Petitioner's name, aged about Petitioner's age years, S/o Sh. Petitioner's father's name, R/o House No. Petitioner's house number, Petitioner's street / locality, Delhi, do 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 I have gone through the averments made in the accompanying Petition filed under Section 482 Cr.P.C., and I confirm that the matter has been compromised with the respondents.
3.That the averments made in the accompanying Petition, which have been explained to me in vernacular language, are true and correct to the best of the deponent's knowledge.
DEPONENT
VERIFICATION :-
I, the above-named deponent, do hereby verify that the facts stated in the above Affidavit are true to my knowledge, no part of the same is false and nothing material has been concealed therefrom.
Verified at Delhi on this Date of verification of petitioner's affidavit.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. NO. Miscellaneous application number OF 2015
IN
CRL. MISC. MAIN PETITION No. Main petition number OF 2016
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Smt. Name of petitioner's mother (deponent), aged about Age of petitioner's mother (deponent) years, W/o Late Sh. Name of petitioner's late father, R/o Mother's house number, Mother's street / locality, Delhi, do hereby solemnly affirm and declare as under:-
1.That I am the Perokar (mother) of 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 the accompanying application filed under Section 482 Cr.P.C. seeking exemption from filing certified copies has been drafted by my counsel on my instructions and on the facts as briefed by me, and the contents thereof have been read over and explained to me.
DEPONENT
VERIFICATION :-
Verified at Delhi on this Date of verification of mother's affidavit that the facts stated in the above Affidavit are true to my knowledge, no part of the same is false and nothing material has been concealed therefrom.
DEPONENT