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Quashing Petition under Section 482 of Cr.P.C. to cancel FIR

Format of Petition under Section 482 of Criminal Procedure Code to quash FIR and cancel case in Trial Court.

IN THE HIGH COURT OF _______________
CRIMINAL M.C. NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________

_______________________

_______________________                                                   PETITIONER

VERSUS

State of ____________________

_______________________

_______________________                                                 RESPONDENT

PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING THIS HON'BLE COURT TO PASS NECESSARY ORDERS AND DIRECTION THEREBY QUASHING AND CANCELLING THE FIR NO.__/20__, UNDER SECTION _____ OF I.P.C. WITH P.S. _______________ .

TO,
THE HON'BLE CHIEF JUSTICE AND HIS HON'BLE COMPANION
JUSTICES OF THE HIGH COURT OF _________________.

THE HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED.

MOST RESPECTFULLY SHOWETH:

1. That the marriage between the petitioner and respondent No. 2 was solemnized on _____ at _________according to Hindu rites and ceremonies.

2. That the marriage was duly consummated and out of this wedlock no issue was born.

3. That the petitioner is the husband of the respondent No. 2/complainant

4. That there is irretrievable break down of the marriage due to incompatible behaviour, conduct and temperament of the parties. Accordingly, the parties to the petition have been living separately since __________ and have not been able to live together or cohabited since then.

5. That a complaint filed in PS_________ against the petitioners by the respondent No. 2 on ____________ and the said complaint converted into FIR No____________, under section ___________ I.P.C. P.S. ____________. True photocopy of the FIR and its true typed copy are annexed herewith as Annexure P-1.

6. That due to the intervention of the Mediation Centre/Relatives, both the petitioner and Respondent No. 2 have mutually agreed before the Mediation Cell, _______Court that their marriage may be dissolved and that there shall be no claim whatsoever made out against any of the parties or against each other and they shall be bound by the conditions settled amongst them before the Mediation Cell, ____________Court.

7. That both the parties have agreed upon a settlement that the Petitioner will pay a total sum of Rs___________/- on account of full and final settlement of all past present and future claims of all kinds in lieu of dowry articles, Stridhan, maintenance present past and future and also includes all claims of permanent alimony.

8. That the said amount was divided in _______ installments of Rs _________/- at the time of First motion to the petitioner , second installment of Rs __________/- was paid at the time of second motion and last and final installment of Rs______/- being paid at the time of quashing of the FIR No. __________ u/s _______________ IPC, P.S. _______________.

9. That the respondents No.2 has no more grievance against the petitioner. The respondent No.2 is not willing to support the imputations made in the said FIR against the petitioners because the dispute in question has already been settled/compromised between the parties. In these circumstances, there are no chances of successful prosecution and conviction of the petitioners. Therefore, no fruitful purpose will be served while allowing the criminal proceedings in question to continue. The very purpose of justice will be frustrated by allowing the criminal proceeding in question to continue.

10. That the compromise between the parties has been arrived with their free consent, without any threat or pressure or coercion or undue influence.

11. That the respondents no.2 has no objection if the FIR in question is quashed qua the petitioners.

12. That the Petitioner crave leave of the Hon'ble Court to urge such further additional ground (s), at the time of hearing of this petition, which have not been specifically taken up in this petition.

13. That the Petitioners have not alternative and efficacious remedy except to approach this Hon'ble Court for seeking relief claimed in the petition.

14. That the Petitioners have not filed any other similar petition seeking quashing of complaint case in question either before this Hon'ble Court or before the Hon'ble Supreme Court of India.

15. That the Annexures annexed with this petition are true copies of their respective originals.

PRAYERS

In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that the Hon'ble court may be pleased to pass order:

1. To quash the FIR No ______, under section ___________ I.P.C. P.S. ____________, in the interest of justice.;

2. To pass any other or further order (s) as this court may deem fit and proper in favour of petitioner, in the interest of justice.

PETITIONER

THROUGH

____________ADVOCATE

Place:

Date:

 

IN THE HIGH COURT OF _______________
CRIMINAL M.C. NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________                                                  PETITIONER

VERSUS

State of ____________________                                          RESPONDENT

AFFIDAVIT

I ______________________ ____ years, S/d/o. _________________ R/o. ____________ ______________ _____, do hereby solemnly affirm and declare as under:-

1. That the deponent is petitioner in this petition and is fully conversant with the facts and circumstances of this case. The deponent is competent to swear this affidavit. .

2. That the accompanying petition has been drafted and filed under my instructions by my counsel. I have read the same in between the lines and the same is true and correct to the best of my knowledge and belief and nothing has been concealed therein.

3. That the deponent has not filed any other similar petition seeking quashing of FIR in question either before this Hon'ble Court or before the Hon'ble Supreme Court of India.

 

DEPONENT

VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

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