IN THE HON'BLE HIGH COURT OF DELHI AT
NEW DELHI
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…. Petitioner
Versus
The State of State (respondent) & Ors.…. Respondents
INDEX
| S. No. | Particulars | Page No. | Court Fee |
|---|
| 1. | Application for urgent hearing | | |
| 3. | List of dates and events & synopsis | | |
| 5. | Petition under Articles 226/227 of the Constitution of India read with Section 482 of the Cr.P.C., along with affidavits | | |
| 6. | Application under Section 482 of the Cr.P.C. for exemption, with affidavit | | |
| 7. | ANNEXURE-A — Photocopy along with true typed copy of FIR No. FIR number/FIR year | | |
| 8. | ANNEXURE-B — Copy of order dated Annexure B order date (day).Annexure B order date (month).Annexure B order date (year) | | |
| 9. | ANNEXURE-C — Copy of order dated Annexure C order date (day).Annexure C order date (month).Annexure C order date (year) | | |
Through
Delhi
Dated:
(Advocate's name)
(Advocate for the Petitioner)
Office No. X, Advocate's office address,
New Delhi Advocate's office pincode,
M-Advocate's mobile number
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. JURISDICTION)
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…. Petitioner
Versus
The State of State (respondent) & Ors.…. Respondents
URGENT APPLICATION
To,
The 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 one in accordance with the Rules and Orders of the Hon'ble High Court. The ground of urgency is that the Petitioner has paid the entire amount to the complainant before the Hon'ble Court in respect of the quashing of FIR No. FIR number dated FIR date (day).FIR date (month).FIR date (year).
Thanking you.
New Delhi
Dated:
(Advocate's name)
(Advocate for the Petitioner)
Office No. X, Advocate's office address, Delhi,
Mob: Advocate's mobile number
IN THE HON'BLE HIGH COURT OF DELHI AT
NEW DELHI
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…. Petitioner
Versus
The State of State (respondent) & Ors.…. Respondents
NOTICE OF MOTION
Sir/Madam,
The enclosed miscellaneous main application for quashing of FIR No. FIR number/FIR year in the aforesaid matter is being filed on behalf of the applicant/petitioner, and the same is likely to be listed on Listing date (day).Listing date (month).Listing date (year) or any other date thereafter, before the Hon'ble High Court of Delhi at New Delhi.
Kindly acknowledge receipt of the complete set of the said petition and take notice accordingly.
Thanking you.
New Delhi
Dated:
Counsel
(Advocate's name)
(Advocate for the Petitioner)
Office No. X, Advocate's office address, DelhiMob: Advocate's mobile number
IN THE HON'BLE HIGH COURT OF DELHI AT NEW
DELHI
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…. Petitioner
Versus
The State of State (respondent) & Ors.…. Respondents
LIST OF DATES AND EVENTS
FIR date (day)/FIR date (month)/FIR date (year)FIR No. FIR number/FIR year, under Sections 420/468/471 IPC, was registered against the applicant/petitioner with P.S. Police station, City of police station, on the complaint of the Respondent, namely Ms. Complainant's name.
Arrest date (day)/Arrest date (month)/Arrest date (year)The Petitioner was arrested.
Production date (day)/Production date (month)/Production date (year)The Petitioner was produced from police custody before the Hon'ble Court of Sh. Magistrate's name, Metropolitan Magistrate, Courts complex (e.g., Rohini Courts), Delhi.
Bail application date (day)/Bail application date (month)/Bail application date (year)A bail application was filed on behalf of the accused on the ground of the compromise arrived at with the complainant in respect of the total amount of salary, i.e., Rs. Salary settlement amount (₹).Salary settlement amount (paise)/-; and on the same day, the Respondent paid the entire amount of Rs. Amount paid to complainant (₹).Amount paid to complainant (paise)/- to the complainant before the Hon'ble Court of Sh. ASJ's name, ASJ, Courts complex (e.g., Rohini Courts), Delhi, and the Hon'ble Court was pleased to grant bail to the accused.
Applicant/Petitioner
Date:
Place: DelhiThrough
Counsel
(Advocate's name)
(Advocate for the Petitioner)
Office No. X, Advocate's office address, Delhi, Mob: Advocate's mobile number
IN THE HON'BLE HIGH COURT OF DELHI AT NEW
DELHI
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…. Petitioner
Versus
The State of State (respondent) & Ors.…. Respondents
SYNOPSIS
The Petitioner was the Director of the institute namely Institute's name, located at Institute's address, and the complainant was an admission counsellor in that institute.
Owing to certain difficulties, the Petitioner could not pay one month's salary to the complainant, in consequence of which FIR No. FIR number/FIR year, under Sections 420/468/471 IPC, was registered against the applicant/petitioner on FIR date (day)/FIR date (month)/FIR date (year) with P.S. Police station, City of police station, on the complaint of the Respondent, namely Ms. Complainant's name.
The Petitioner was arrested on Arrest date (day).Arrest date (month).Arrest date (year) in this matter, and the counsel for the accused filed a bail application on Bail application date (day).Bail application date (month).Bail application date (year) on the ground of the compromise arrived at with the complainant in respect of the total amount of salary, i.e., Rs. Salary settlement amount (₹).Salary settlement amount (paise)/-; and on the same day, the Respondent paid the entire amount of Rs. Amount paid to complainant (₹).Amount paid to complainant (paise)/- to the complainant before the Hon'ble Court of Sh. ASJ's name, ASJ, Courts complex (e.g., Rohini Courts), Delhi, and the Hon'ble Court was pleased to grant bail to the accused/Petitioner.
Applicant/Petitioner
Date:
Place: DelhiThrough
Counsel
(Advocate's name)
(Advocate for the Petitioner)
Office No. X, Advocate's office address, Delhi, Mob: Advocate's mobile number
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
(CRL. JURISDICTION)
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…. Petitioner
Versus
The State of State (respondent) & Ors.…. Respondents
MEMO OF PARTIES
Petitioner's name
S/o Late Sh. Petitioner's father's name
R/o X-Petitioner's house number, Petitioner's locality
New Delhi-Petitioner's pincode…. Petitioner
Versus
1.State of State (respondent)
Through its Secretary,
Respondent department address, Respondent address (locality)-Respondent address (pincode)
2.Ms. Complainant's name
W/o Sh. Complainant's husband's name
R/o H.No. Complainant's house number, X-Block, Sec. X-X, Complainant's address (block/sector), Delhi-Complainant's pincode…. Respondents
New Delhi
DatedPetitioner
Through
Counsel
(Advocate's name)
(Advocate for the Petitioner)
Office No. X, Advocate's office address, Delhi, Mob: Advocate's mobile number
IN THE HON'BLE HIGH COURT OF DELHI AT NEW
DELHI
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…. Petitioner
Versus
The State of State (respondent) & Ors.…. Respondents
PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, FOR SEEKING THE QUASHING OF FIR NO. FIR number/FIR year UNDER SECTIONS 420/468/471 IPC, P.S. Police station, City of police station, REGISTERED AGAINST THE PETITIONER
MOST RESPECTFULLY SHOWETH:
1.That the Petitioner is a respectable citizen of India. FIR No. FIR number/FIR year was registered against the applicant/petitioner on FIR date (day)/FIR date (month)/FIR date (year), under Sections 420/468/471 IPC, with P.S. Police station, City of police station, on the complaint of the Respondent, namely Ms. Complainant's name, W/o Sh. Complainant's husband's name, R/o H.No. Complainant's house number, X-Complainant's address (street), Sec. X-X, Complainant's address (block/sector), Complainant's address (city)-Complainant's pincode. A true copy of the FIR dated FIR date (day).FIR date (month).FIR date (year) is annexed hereto as ANNEXURE A.
2.That the Petitioner was the Director of the Institute known as Institute's name, situated at Institute's address. The present matter concerns the officials and an employee of the said Institute.
3.That FIR No. FIR number/FIR year is a false and fabricated criminal case, registered against the applicant/petitioner on FIR date (day).FIR date (month).FIR date (year) under Sections 420/468/471 IPC.
4.That the complainant was an employee of Institute's name and was working as Complainant's designation. The Petitioner's firm used to pay salary to the complainant, along with incentive, every month; however, owing to certain difficulties, the Petitioner could not pay the salary for one month. The complainant thereupon approached the management of the Institute for payment of her salary, and when the applicant/petitioner explained the position to the complainant, the complainant approached the police authorities and gave the colour of a criminal complaint to what was, in substance, a civil claim for recovery of salary, as a result of which the abovementioned FIR was registered against the Petitioner.
5.That the Petitioner was arrested on Arrest date (day).Arrest date (month).Arrest date (year) in the present matter and was produced from police custody on Production date (day).Production date (month).Production date (year) before the Hon'ble Court of Sh. Magistrate's name, Metropolitan Magistrate, Court complex, Delhi. An application seeking two days' police custody remand of the accused was filed by the Investigating Officer, whereupon the counsel for the accused submitted before the Hon'ble Court that the accused was ready and willing to compromise the matter. The Hon'ble Court was pleased to grant one day's police custody remand of the accused. A copy of the order dated Remand order date (day).Remand order date (month).Remand order date (year) is annexed as ANNEXURE-B.
6.That the Petitioner was arrested on Arrest date (day).Arrest date (month).Arrest date (year) in the present matter, and the counsel for the accused filed a bail application on Bail application date (day).Bail application date (month).Bail application date (year) on the ground of the compromise arrived at with the complainant for the total amount of salary, i.e., Rs. Salary settlement amount (₹),Salary settlement amount (paise)/-, and on the same day the entire amount of Rs. Amount paid to complainant (₹),Amount paid to complainant (paise)/- was paid to the complainant before the Hon'ble Court of Sh. ASJ's name, ASJ, Court complex, Delhi. The Hon'ble Court was pleased to pass the following order: "Under these circumstances, the applicant/accused, who is in JC, is admitted to bail on his furnishing personal bond in the sum of Rs. Bail bond amount (₹),Bail bond amount (paise)/- with one surety in the like amount to the satisfaction of Ld. MM/Duty MM/Link MM." A copy of the order dated Bail order date (day).Bail order date (month).Bail order date (year) is annexed as ANNEXURE-C.
7.That the applicant/petitioner has paid the entire amount to the complainant before the Hon'ble Court. No dispute or ill-will now remains between the applicant/petitioner and the complainant/respondent, and all disputes in respect of FIR No. FIR number/FIR year stand resolved, the complainant having received the entire amount/payment.
8.That in view of the payment made by the applicant/petitioner to the complainant before the Hon'ble Court, all disputes between the complainant/respondent and the applicant/petitioner stand resolved, and no fruitful purpose would be served by requiring the applicant to undergo the rigmarole of trial in FIR No. FIR number/FIR year under Sections 420/468/471 IPC, registered at PS-Police station, and continuance thereof would be a travesty of justice.
9.That no prejudice or irreparable loss would be caused to the complainant/respondent if the said FIR No. FIR number/FIR year is quashed by this Hon'ble Court.
10.That the applicant/petitioner has not filed any other similar petition for quashing of the aforementioned FIR before the Hon'ble Supreme Court, or before any other Hon'ble High Court, or before any other court of law, except the present petition.
PRAYER:
It is, therefore, most humbly and respectfully prayed that this Hon'ble Court may be graciously pleased to:-
i)Quash the proceedings arising out of FIR No. FIR number/FIR year under Sections 420/468/471 IPC, registered at PS-Police station, against the applicant/petitioner; and
ii)Pass such other order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
Applicant/Petitioner
Date:
Place: DelhiThrough
Counsel
(Advocate's name)
(Advocates for the Petitioner)
Office No. Advocate's office number, Advocate's office address, Delhi, Mob: Advocate's mobile number
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name….Petitioner
Versus
The State of State (respondent) & Ors.….Respondents
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, S/o Late Sh. Deponent's father's name, R/o Deponent's house number, Deponent's address, New Delhi-Deponent's pincode, do hereby solemnly affirm and state on oath as under:
1.That the deponent is the Petitioner in the above-noted case, is well conversant with the facts of the case, and is competent to swear the present affidavit.
2.That the contents of the accompanying petition for quashing of FIR No. FIR number/FIR year have been drafted by the deponent's counsel under the deponent's instructions; the contents thereof have been read over to the deponent in vernacular and duly understood, are correct, and may be read as part and parcel of the present affidavit, and are not repeated herein for the sake of brevity.
3.That the annexure is a true copy of its original.
4.That no other similar petition seeking the prayer made in the accompanying petition has been filed before any Hon'ble High Court or before the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION:
I, the above-named deponent, do hereby verify at New Delhi on this Verification date (day) day of Verification date (year) that the facts stated in the above affidavit are true to my knowledge, that no part of the same is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…Petitioner
Versus
The State of State (respondent) & Ors.…Respondent(s)
APPLICATION UNDER SECTION 482 Cr.P.C. FOR EXEMPTION FROM FILING THE CERTIFIED COPIES OF THE ANNEXURES ANNEXED WITH THE PETITION
MOST RESPECTFULLY SHOWETH:
1.That the Petitioner has annexed photocopies of the annexures along with the above-captioned petition. The said annexures are true copies of their respective originals.
2.That the Petitioner does not have the certified copies of the said annexures at the time of filing the present petition, and the same shall be filed as and when directed by this Hon'ble Court during the hearing of the present petition.
PRAYER:
In the interest of justice, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to exempt the Petitioner from filing certified copies of the annexures at the time of filing the present petition.
Such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed.
Petitioner
Date:
Place:
Through
Counsel
(Advocate's name)
(Advocates for the Petitioner)
Office No. Advocate's office number, Advocate's office address, Delhi, Mob: Advocate's mobile number
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
Writ Petition (Crl.) No. Writ petition number of Year of writ petition
IN THE MATTER OF
Petitioner's name…Petitioner
Versus
The State of State (respondent) & Ors.…Respondent(s)
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, S/o Late Sh. Deponent's father's name, R/o Deponent's house number, Deponent's address, New Delhi-Deponent's pincode, do hereby solemnly affirm and state on oath as under:
AFFIDAVIT
1.That I am the deponent and the appellant in the above-noted case; I am fully conversant with the facts of the case and competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 482 Cr.P.C. seeking exemption from filing the original documents in respect of the quashing petition have been drafted by my counsel under my instructions; the contents thereof have been read over to me in vernacular, understood by me, and are correct. The said application may be read as part and parcel of the present affidavit and its contents have not been repeated herein for the sake of brevity.
3.That the annexure is a true copy of the original.
4.That no other similar petition seeking the prayer made in the accompanying petition has been filed before this Hon'ble Court or before the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION:
I, the above-named deponent, do hereby verify at Place of verification on this Verification date (day) day of Verification date (year) 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