FIR Quashing Petition Format under Section 528 BNSS / Section 482 CrPC

IN THE HIGH COURT OF ____________________
CRIMINAL M.C. / CRIMINAL MISC. PETITION NO. ______ OF 20__

IN THE MATTER OF:

VERSUS

PETITION UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 [OR, WHERE SAVED AND APPLICABLE, SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973] FOR QUASHING FIR NO. ___/20__, POLICE STATION __________, AND ALL PROCEEDINGS ARISING THEREFROM

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

THE HUMBLE PETITION OF THE PETITIONER(S) ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner and Respondent No. 2 were married on __________ at __________ according to __________ rites and ceremonies.

2. That after the marriage, matrimonial differences arose between the parties and they have been living separately since __________. The parties have been unable to resume matrimonial cohabitation.

3. That Respondent No. 2/complainant lodged a complaint dated __________ at Police Station __________, which resulted in registration of FIR No. __________ dated __________ for offences under Sections __________ of the Bharatiya Nyaya Sanhita, 2023 / Indian Penal Code, 1860, as applicable. A true copy of the FIR is annexed as Annexure P-1.

4. That with the intervention of the Mediation Centre / relatives / well-wishers, the parties have amicably resolved their matrimonial and personal disputes and have entered into a voluntary settlement dated __________. A true copy of the settlement is annexed as Annexure P-2.

5. That under the settlement, the parties have agreed that their matrimonial relationship may be dissolved in accordance with law and that their respective claims shall stand governed by the terms of the settlement.

6. That the Petitioner has agreed to pay / has paid a total sum of Rs. __________/- towards full and final settlement of the claims specifically covered by the settlement, including maintenance/alimony/stridhan or other matrimonial claims, as applicable.

7. That the settlement amount is payable / has been paid in __________ instalments. The final instalment of Rs. __________/- is payable / has been paid at the stage agreed between the parties, including at the time of quashing, if so provided by the settlement.

8. That Respondent No. 2 has voluntarily settled the dispute and, subject to the terms of the settlement and orders of this Hon'ble Court, has no objection to quashing of the FIR and the consequential proceedings against the Petitioner(s).

9. That the settlement has been arrived at voluntarily, without threat, coercion, undue influence or pressure. The parties are willing to make appropriate statements before this Hon'ble Court or such authority as may be directed for verification of the settlement.

10. That the dispute giving rise to the FIR is essentially private/personal in nature. In the facts of the present case, continuation of the criminal proceedings despite a genuine settlement would serve no useful purpose and would amount to abuse of the process of Court, subject always to this Hon'ble Court being satisfied that the offences and surrounding circumstances permit exercise of inherent jurisdiction.

11. That the Petitioner(s) respectfully submit that the present case satisfies the principles governing exercise of inherent jurisdiction to secure the ends of justice. The Petitioner(s) undertake to comply with the settlement and with any condition imposed by this Hon'ble Court.

12. That no material fact has been suppressed from this Hon'ble Court. The Petitioner(s) seek leave to urge such additional grounds as may be necessary at the time of hearing.

13. That the Petitioner(s) have no equally efficacious remedy for the relief of quashing sought herein, except to invoke the inherent jurisdiction of this Hon'ble Court.

14. That, except as specifically disclosed herein, the Petitioner(s) have not filed another petition seeking identical relief in respect of the same FIR before this Hon'ble Court or the Hon'ble Supreme Court of India.

15. That the annexures filed with this petition are true copies of their respective originals.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) quash FIR No. ______ dated ______ registered at Police Station __________ for offences under Sections __________ of the Bharatiya Nyaya Sanhita, 2023 / Indian Penal Code, 1860, as applicable, and quash all criminal proceedings arising therefrom insofar as permissible in law;

(b) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.

PETITIONER(S)

THROUGH COUNSEL

____________________, ADVOCATE

Place: __________
Date: __________

IN THE HIGH COURT OF ____________________
CRIMINAL M.C. / CRIMINAL MISC. PETITION NO. ______ OF 20__

IN THE MATTER OF:

VERSUS

AFFIDAVIT

I, ____________________, aged about ____ years, S/o / D/o / W/o ____________________, resident of ____________________, do hereby solemnly affirm and state as under:

1. That I am the Petitioner in the accompanying petition and am well acquainted with the facts and circumstances of the case and competent to swear this affidavit.

2. That the accompanying petition has been drafted and filed under my instructions. I have read and understood its contents, which are true and correct to my knowledge and belief, based on the records and legal advice received, and nothing material has been concealed therefrom.

3. That, except as disclosed in the accompanying petition, I have not filed any other petition seeking identical relief in respect of the same FIR before this Hon'ble Court or the Hon'ble Supreme Court of India.

DEPONENT

VERIFICATION

Verified at __________ on this ____ day of __________, 20__, that the contents of paragraphs 1 to 3 of this affidavit are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

DEPONENT