IN THE MATTER OF :-
Petitioners' names: PETITIONERS
Respondents' names: RESPONDENTS
FIR No. FIR number
U/s. 498A/406/377/506/34 IPC r/w Section 4 D.P. Act
P.S.: Police station,
I N D E X
S.NO.PARTICULARS PAGES
1.Notice of Motion.
2.Urgent Application.
3.Memo of Parties.
4.List of Dates and Events.
5.Criminal Petition under Section 482 of the Cr.P.C. for quashing of the FIR, along with affidavits in support of the petitioners.
6.Affidavit of respondent no. 2.
7.ANNEXURE P-1
True typed copy of FIR No. FIR number, along with its translated copy.
8.ANNEXURE P-2
True typed copy of the charge-sheet, along with its translated copy.
9.ANNEXURE P-3
True copy of the settlement dated Date of settlement.
10.ANNEXURE P-4
Certified copy of the decree of divorce dated Date of divorce decree passed by the learned Family Judge, Karkardooma Courts, Delhi.
11.ANNEXURE P-5 (colly.)
Certified copy of the judgment dated Date of first judgment in divorce proceedings, along with the statement dated Date of first recorded statement, passed by the learned Family Judge, Karkardooma Courts, Delhi.
12.ANNEXURE P-6 (colly.)
Certified copy of the judgment dated Date of second judgment in divorce proceedings, along with the statement dated Date of second recorded statement, passed by the learned Family Judge, Karkardooma Courts, Delhi.
13.Application under Section 482 Cr.P.C. for exemption from filing certified copies, with affidavit in support.
14.Identity proofs.
15.Vakalatnamas of the petitioners and respondent no. 2.
DELHIPETITIONERS
THROUGH
DATED :-
COUNSEL
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. No. Criminal misc. case number OF 2017.
IN THE MATTER OF :-
Petitioners' names: PETITIONERS
Respondents' names: RESPONDENTS
FIR No. FIR number
U/s. 498A/406/377/506/34 IPC r/w Section 4 D.P. Act
P.S.: Police station,
URGENT APPLICATION
To,
The Joint Registrar,
Hon'ble High Court of Delhi,
New Delhi.
Sir,
It is most respectfully prayed that the accompanying petition may kindly be treated as an urgent matter in accordance with the Rules of the Hon'ble High Court of Delhi.
The ground of urgency is that the petition seeks quashing of the proceedings / FIR bearing No. FIR number under Sections 498A/406/377/506/34 of the IPC r/w Section 4 of the D.P. Act, registered at Police Station Police station, Delhi.
Yours faithfully,
DELHIPETITIONERS
THROUGH
DATED
COUNSEL
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. No. Criminal misc. case number OF 2017.
IN THE MATTER OF :-
Petitioners' names: PETITIONERS
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number
U/s. 498A/406/377/506/34 IPC r/w Section 4 D.P. Act
P.S.: Police station,
MEMO OF PARTIES
1.Mr. Petitioner no. 1's name
S/o Petitioner no. 1's father's name
2.Smt. Petitioner no. 2's name
W/o Petitioner no. 2's husband's name
Both residing at Petitioners' address: PETITIONERS
VERSUS
1.Respondent no. 2's first name
2.Respondent no. 2's surname
D/o Respondent no. 2's father's name,
Residing at Respondent no. 2's address: RESPONDENTS
DELHIPETITIONERS
THROUGH
DATED :-
COUNSEL
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. No. Criminal misc. case number OF 2017.
IN THE MATTER OF :-
1.Mr. Petitioner no. 1's name
S/o Petitioner no. 1's father's name
2.Smt. Petitioner no. 2's name
W/o Petitioner no. 2's husband's name
Both residing at Petitioners' address: PETITIONERS
VERSUS
1.Respondent no. 2's first name
2.Respondent no. 2's surname
D/o Respondent no. 2's father's name
Residing at Respondent no. 2's address: RESPONDENTS
FIR No. FIR number
U/s. 498A/406/377/506/34 IPC r/w Section 4 D.P. Act
P.S.: Police station,
PETITION ON BEHALF OF THE PETITIONERS UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR QUASHING OF THE PROCEEDINGS / FIR BEARING No. FIR number UNDER SECTIONS 498A/406/377/506/34 OF THE IPC R/W SECTION 4 OF THE D.P. ACT, REGISTERED AT POLICE STATION Police station, DELHI, AND ALL OTHER PROCEEDINGS EMANATING THEREFROM.
MOST RESPECTFULLY SHOWETH:-
1.That the petitioners are law-abiding citizens of India and have full faith in the administration of justice. That the petitioners have invoked the extraordinary jurisdiction of this Hon'ble Court under Section 482 of the Code of Criminal Procedure for quashing of FIR No. FIR number under Sections 498A/406/377/506/34 of the IPC r/w Section 4 of the D.P. Act, registered at Police Station Police station, Delhi, on the basis of a complaint lodged by respondent no. 2 against the petitioners and other family members of the petitioners, namely Name of discharged family member 1, Name of discharged family member 2 and Name of discharged family member 3, all of whom have been discharged by the Investigating Officer as there is no incriminating evidence against them.
2.That the petitioners are 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 498A/406/377/506/34 of the IPC r/w Section 4 of the D.P. Act. By this petition, the petitioners are, inter alia, seeking quashing of the said FIR and all proceedings emanating therefrom.
3.That the present petition has been filed by the petitioners, and the brief facts of the case necessary for its disposal are summarised as under: -
3.1That the present FIR was registered on the basis of the complaint lodged by respondent no. 2 before the CAW Cell, CAW Cell location, Delhi, which was thereafter converted into the present FIR.
3.2That petitioner no. 1 was married to respondent no. 2, namely Respondent no. 2's name, on Date of marriage at Delhi according to Hindu rites and rituals. The marriage was solemnised in a simple manner, and respondent no. 2 resided with petitioner no. 1 at House No. Matrimonial house number.
3.3That after the marriage, petitioner no. 1 and respondent no. 2 lived together as husband and wife, and two children, namely Name of child 1 and Name of child 2, were born out of the said wedlock. Both children are in the custody of respondent no. 2, and petitioner no. 1 has visitation rights once a month to meet the children.
3.4That the petitioners submit that the said marriage was solemnised in a simple manner. That shortly after the marriage, disputes and differences arose between petitioner no. 1 and respondent no. 2, and they have been living separately since Date of separation and have not been able to live together since then. On account of temperamental differences, there is no possibility of their living together as husband and wife.
3.5That the present FIR was registered on the basis of the complaint lodged by respondent no. 2 against the petitioners before the CAW Cell, which was converted into the present FIR bearing No. FIR number under Sections 498A/406/377/506/34 of the IPC r/w Section 4 of the D.P. Act, registered at Police Station Police station, Delhi.
3.6That all attempts at reconciliation made by the elders, friends, relatives and well-wishers of the families of both sides, as well as the referral of the matter to the mediation cell at Karkardooma Courts, Delhi, proved futile. Ultimately, owing to the mediation, both parties arrived at an amicable settlement on Date of settlement, and a settlement was executed between the parties at the Mediation Centre.
3.7That respondent no. 2 and petitioner no. 1 amicably decided to dissolve their marriage by mutual consent and to settle all disputes at once. Consequently, both parties gave their consent to the dissolution of their marriage out of their own free will, without any force, fraud, connivance, coercion, undue influence or outside pressure, subject to the terms and conditions mentioned below.
3.8That the petitioner no. 1 and respondent no. 2 have settled all their claims and disputes between themselves, including the articles as per the list, in full and final settlement vide a written compromise dated Date of settlement, which is enclosed herewith.
3.9The first motion petition was allowed by the Principal Judge, Family Court, Name of the Family Court which allowed the first motion, vide order dated Date of first motion order, directing recording of statements in the first motion petition of divorce by mutual consent to be filed jointly under Section 13(B)(1) of the Hindu Marriage Act, 1955 by the petitioner no. 1 and respondent no. 2.
3.10The final decree of divorce was granted by the Learned Principal Judge, Family Court, Name of the Family Court which allowed the first motion, after recording the statements of the petitioner no. 1 and respondent no. 2 in the second motion petition of divorce by mutual consent to be filed jointly under Section 13(B)(2) of the Hindu Marriage Act, 1955, which was allowed and a decree of divorce was granted vide order dated Date of divorce decree.
4.That the petitioners and respondent no. 2 undertake to withdraw all cases, complaints and petitions, if any, filed against each other and against the other family members of either party, and further undertake not to file any case, complaint or suit against each other or their family members in future before any court of law or any other authority.
5.That upon compliance with the other terms and conditions of the compromise and of the statements recorded in the divorce decree proceedings, the petitioners and respondent no. 2 shall be left with no claims, rights or interests against each other in respect of any assets, movable or immovable, owned or possessed by them, or to be owned or possessed by them or their family members and relatives, at any point of time.
6.That since the petitioners and respondent no. 2 have resolved and settled all disputes amongst themselves out of their own free will and without any pressure from any quarter, they shall live separately without any grudge or complaint against each other. The petitioners and respondent no. 2 shall lead their independent lives without any involvement of each other.
7.That all disputes between the petitioners and respondent no. 2 stand fully resolved; and if any of the parties has initiated any proceedings not mentioned herein, the same shall be deemed to have been withdrawn.
8.That it has been further undertaken by the petitioner no. 1 and respondent no. 2 that they shall not proceed against each other in any case whatsoever, whether criminal or civil, as with this petition each and every transaction, claim and dispute arising out of the said marriage stands settled.
9.That respondent no. 2 has settled all her claims and shall not make any claim arising out of the said marriage, including any claim of maintenance, permanent alimony, compensation, Istridhan, etc., and has undertaken that she shall not claim anything in future on any account.
10.That by signing this petition, all claims of any sort, including maintenance, permanent alimony, compensation, Istridhan, etc., stand settled. That respondent no. 2 or her relatives shall not raise any claim of any nature against the petitioner no. 1 or his relatives or friends.
11.That both the petitioner no. 1 and respondent no. 2 undertake to cooperate with each other, to sign, verify and attest any application or affidavit to this effect, and to appear before the concerned court and give their statements, if required, in any proceeding pending between the parties, including the proceeding for dissolution of the marriage by way of the divorce petition, and to withdraw any cases, if any have been filed by them.
12.That since the parties could not settle their matrimonial life or family arrangement, and owing to personal and temperamental differences, the parties wish to live their lives separately; in this regard, all claims in respect of everything have been amicably settled between the parties. Both parties have amicably settled their claims in terms of the compromise and have no claim against each other, and all differences in respect of the same stand settled.
13.In the aforesaid settlement between the petitioner no. 1 and respondent no. 2, the parties are ready to live their lives separately, and after obtaining separation through this Hon'ble Court, they shall be free to live their lives as per their own choice, and neither party shall interfere in the life of the other.
14.That the petitioner no. 1 and respondent no. 2 have resolved all their disputes and claims regarding maintenance, and it has been further resolved that respondent no. 2 shall not seek any claim of any kind from the petitioner no. 1 in respect of his properties, whether self-acquired or ancestral. Neither any criminal nor any civil case has been filed against any of the parties in any court of law.
15.That due to the intervention of the mediation cell, the matter has been amicably settled between the petitioners and respondent no. 2, who now wishes to withdraw the present FIR, and in testimony whereof this petition is filed.
16.That the parties to the present petition have assured each other that no case is pending against either of them before any court of law, police authority or any other authority. The parties have further assured each other that even in future they shall not file any case, complaint or claim against each other before any court of law, police authority or any other authority regarding all their disputes, claims and differences.
17.That both the parties to this petition have settled and compromised the matter and all their claims against each other; hence, no useful purpose is likely to be served by continuing the proceedings of the aforesaid case/FIR, and hence the present petition.
18.However, in order to buy peace, the petitioner is moving this 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.Because nothing remains between the petitioners and respondent no. 2, as all claims stand settled, and the FIR ought to be quashed.
B.Because it is a settled principle of law that even otherwise there is no allegation against the petitioners and no material evidence has been filed against them which would constitute an offence, and therefore the said FIR is liable to be quashed on this ground alone.
C.Because the matter has been amicably settled between the petitioners and respondent no. 2 vide settlement deed dated Date of settlement, and nothing now remains between the parties, and no useful purpose will be served if the proceedings are allowed to continue.
D.Because there are no means, and in the absence thereof, no offence under Sections 498A/406/506/377 of the Indian Penal Code is made out against the petitioner.
E.Because the petitioner is neither a professional criminal nor has ever been convicted for any other offence, let alone for a crime of this magnitude.
F.Because 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 Name of cited Supreme Court case in Ground F, reported in AIR Year of AIR citation, and the petitioners are entitled to have the proceedings quashed on that ground as well.
G.Because respondent no. 1 is not required for further investigation, as the investigation stands completed and the charge-sheet has been filed by the prosecution.
H.Because it has been held by the Hon'ble Supreme Court in the case "Name of cited Supreme Court case", in paragraph Paragraph number of cited case, that the position which emerges from the 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 offences under Section 320 of the Code. The inherent power is of wide plenitude with no statutory limitation, but it has to be exercised in accordance with the guidelines engrafted in such power, namely: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any Court.
19.That, however, in order to buy peace and to bury all differences, the petitioners are moving the present petition seeking quashing of the FIR, and no dispute remains pending between petitioner no. 1 and respondent no. 2.
20.That the petitioners and respondent no. 2 state that they have taken the decisions of divorce, withdrawal of cases, and quashing of the FIR with their mutual consent, thoughtfully and willingly, and that no threat, force, fraud or undue influence has operated upon them in arriving at this settlement by mutual consent. The present petition has not been filed in collusion between the petitioners and respondent no. 2.
21.That the petitioners crave leave to urge any other ground at a later stage with the permission of this Hon'ble Court.
22.That the petitioners have deep roots in society and no criminal antecedents.
23.That the petitioners have no other efficacious remedy except to approach this Hon'ble Court for justice.
24.That the petitioners have not filed any other petition before this Hon'ble Court or the Hon'ble Supreme Court seeking similar relief.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
A.Pass an appropriate order or direction for quashing of FIR FIR number under Sections 498A/406/377/506/34 of the IPC read with Section 4 of the D.P. Act, registered at Police Station Police station, Delhi, and all other proceedings emanating therefrom.
B.Pass such other and 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 prayed accordingly.
DELHIPETITIONERS
THROUGH COUNSEL
DATED: Date of petition
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. No. Criminal misc. case number OF 2017.
IN THE MATTER OF :-
Petitioners' names: PETITIONERS
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
AFFIDAVIT OF MR. Deponent's name (petitioner no. 1), AGED ABOUT Deponent's age YEARS, S/O Deponent's father's name, R/O Deponent's address, DELHI, DO HEREBY STATE ON SOLEMN AFFIRMATION AND DECLARE AS UNDER:-
1.That I am petitioner no. 1 in the above-mentioned case, and as such I am conversant with the facts and circumstances of the case and am 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, 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 had lodged a complaint against the deponent under Sections 498A/406/377/506/34 of the I.P.C., pursuant to which FIR bearing No. FIR number was registered at Police Station Police station against the petitioners.
4.That I further state that during the pendency of the investigation of the said F.I.R., a compromise/settlement has taken place between the parties, and as per the said compromise/settlement, all disputes and claims between the parties stand settled amicably outside the court due to the intervention of respectable persons of both sides, and none of the parties has any claim remaining against the other. The said compromise/settlement has been arrived at between the parties amicably, without any force, coercion, pressure or threat from any corner whatsoever.
5.That the facts stated above in this 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 day of Month and year of verification. The contents of the above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. No. Criminal misc. case number OF 2017.
IN THE MATTER OF :-
Petitioners' names: PETITIONERS
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
AFFIDAVIT OF SMT. Deponent's name (petitioner no. 2), AGED ABOUT Deponent's age YEARS, W/O Deponent's husband's name, R/O Deponent's address, DELHI, DO HEREBY STATE ON SOLEMN AFFIRMATION AND DECLARE AS UNDER:-
1.That I am petitioner no. 2 in the above-mentioned case, and as such I am conversant with the facts and circumstances of the case and am 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, 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 had lodged a complaint against the deponent under Sections 498A/406/377/506/34 of the I.P.C., pursuant to which FIR bearing No. FIR number was registered at Police Station Police station against the petitioners.
4.That I further state that during the pendency of the investigation of the said F.I.R., a compromise/settlement has taken place between the parties, and as per the said compromise/settlement, all disputes and claims between the parties stand settled amicably outside the court due to the intervention of respectable persons of both sides, and none of the parties has any claim remaining against the other. The said compromise/settlement has been arrived at between the parties amicably, without any force, coercion, pressure or threat from any corner whatsoever.
5.That the facts stated above in this 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 day of Month and year of verification. The contents of the above affidavit are true and correct to my knowledge, no part of it 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 2017.
IN
CRL. M.C. No. Criminal misc. case number OF 2017.
IN THE MATTER OF :-
Petitioners' names: PETITIONERS
VERSUS
Respondents' names: RESPONDENTS
FIR No. FIR number
Under Sections 498A/406/377/506/34 IPC read with Section 4 of the D.P. Act
Police Station: Police station
APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE FOR EXEMPTION FROM FILING CERTIFIED COPIES OF THE Description of documents for certified copies
MOST RESPECTFULLY SHOWETH :-
1.That the petitioners have filed annexures along with the main petition in support thereof, and the annexures so filed are true, correct and compared copies of the originals.
2.That the petitioners shall apply for obtaining the certified copies of the annexures and undertake to file the same as soon as they are made available by the copying agency concerned.
It is, therefore, most respectfully prayed that the petitioners may kindly be exempted from filing the certified copies of the annexures.
It is prayed accordingly.
DELHIPETITIONERS
THROUGH COUNSEL
DATED: Date of application
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. MISC. APP. NO. Miscellaneous application number OF 2017.
IN
CRL. M.C. No. Criminal misc. case number OF 2017.
IN THE MATTER OF :-
Petitioners' names: PETITIONERS
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
AFFIDAVIT OF MR. Deponent's name, AGED ABOUT Deponent's age YEARS, S/O Deponent's father's name, R/O Deponent's address, DELHI, DO HEREBY STATE ON SOLEMN AFFIRMATION AND DECLARE AS UNDER:-
1.That I am petitioner no. 1 in the above-mentioned case, and as such I am conversant with the facts and circumstances of the case and am competent to swear this affidavit.
2.That the deponent has gone through the averments made in the accompanying application filed under Section 482 Cr.P.C. seeking exemption from filing certified copies, and submits that the said application has been drafted by the deponent's counsel on the instructions and facts as briefed by the deponent.
3.That the averments made in the accompanying application are true and correct to the best of the deponent's knowledge.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of verification day of Month and year of verification that the facts stated in the above Affidavit are true to the deponent's knowledge, that no part of the same is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL. M.C. No. Criminal misc. case number OF 2017.
IN THE MATTER OF :-
Petitioners' names: PETITIONERS
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Mrs. Deponent's name (respondent no. 2), aged about Deponent's age years, D/o Deponent's father's name, R/o Deponent's address line 1, Deponent's address line 2, do hereby solemnly affirm and declare as under:-
1.That I am the 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 the Respondent No. 2 has 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 Petitioners before the Mediation Cell, Mediation Cell venue, on Date of mediation statement.
3.That the averments made in the accompanying petition are true and correct to the best of the deponent's knowledge, and the same have been explained to me in vernacular.
DEPONENT
VERIFICATION :-
Verified at Place of verification on this Date of verification day of Month and year of verification that the facts stated in the above Affidavit are true to the deponent's knowledge, that no part of the same is false, and that nothing material has been concealed therefrom.
DEPONENT