FIR Quashing 498A
PETITION UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE FOR QUASHING OF FIR NO. [__] DATED [Date] UNDER SECTION 498A OF IPC AND OTHER PENDING PROCEEDINGS ARISING THEREFROM UNDER NEW LAW BNSS SECTION. FIR Quashing 498A
MOST RESPECTFULLY SHOWETH:
That the petitioner is aggrieved by the First Information Report (FIR) registered at [Name of Police Station] vide FIR No. [FIR Number] dated [Date of FIR], under Section 498A of the Indian Penal Code, on the basis of which an investigation was initiated against the petitioner; the petitioner is seeking the quashing of the said FIR in view of the compromise reached between the petitioner and the respondent no. 2 under the provisions of the newly amended BNSS Section of [specific law or amendment] which allows for quashing FIRs based on amicable settlements in matrimonial disputes.
That the petitioner and the respondent no. 2 were married on [Date of Marriage]. Due to misunderstandings and differences, the respondent no. 2 filed the FIR under Section 498A IPC. The allegations, however, are false and have been exaggerated.
Petition Format
That after the registration of the FIR and during the pendency of the investigation, the petitioner and the respondent no. 2 have amicably resolved all matrimonial disputes. Both parties, through mutual consent and negotiations, have arrived at a compromise. The compromise includes an agreement to dismiss the criminal case and any related proceedings.
That under the newly introduced BNSS Section of the law, such compromises between the parties in matrimonial disputes, especially in cases involving Section 498A IPC, are permissible and should be given effect to by the Court. The parties are desirous of putting an end to the litigation and leading a peaceful life.
That the respondent no. 2 has voluntarily agreed to withdraw the complaint and has no objection to the quashing of the FIR and all subsequent proceedings. A copy of the compromise deed executed between the parties is annexed hereto as [Annexure – A].
That the respondent no. 2 has filed an affidavit expressing her consent to the quashing of the FIR and has affirmed that she no longer wishes to proceed with the criminal case. A copy of the affidavit is attached herewith as [Annexure – B].
Petition Format
That this Hon’ble Court, in its inherent powers under Section 482 of the Criminal Procedure Code, is empowered to quash FIRs and proceedings in cases. Where there has been a settlement between the parties.
That it is respectfully submitted that the continuation of the present criminal proceedings would only result in unnecessary harassment to the petitioner and would serve no useful purpose. The mutual settlement between the parties has already been reached. It would be in the interests of justice to quash the FIR.
That the principles under the new BNSS Section should be applied here, where the law permits quashing of FIRs based on compromise in matrimonial matters. The parties involved have no further grievance and wish to end the litigation.
In view of the above, it is respectfully prayed that this Hon’ble Court may kindly be pleased to:
Quash the FIR No. [FIR Number] dated [Date of FIR] registered at [Name of Police Station]. Under Section 498A of the Indian Penal Code, along with all subsequent proceedings arising therefrom. In the interest of justice, as per the provisions of the new BNSS Section.
Pass any other order or direction that. This Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
VERIFICATION
I, [Name of the Petitioner], the above-named petitioner, do hereby solemnly affirm and verify that. The contents of the above petition are true to my knowledge and belief, and nothing material has been concealed therein.
Annexures: FIR Quashing 498A
Copy of the Compromise Deed (Annexure – A)
Affidavit of Respondent No. 2 (Annexure – B)
Copy of the FIR (Annexure – C)
Notes:
BNSS Section: The reference to “BNSS Section” is based on your query, but you should verify the exact title and provision of the specific law or amendment applicable in your jurisdiction.
Affidavit and Compromise Deed: The affidavit from the complainant (Respondent No. 2) must be genuine, and the compromise deed must be signed by both parties. Reflecting their intent to amicably resolve the dispute and withdraw the charges.
Section 482 CrPC: The petition is filed under Section 482 of the Criminal Procedure Code. Which grants the High Court the inherent power to quash FIRs or criminal proceedings in cases where it deems fit. Especially where there has been a settlement between the parties.
Consult Local Counsel: It is always advisable to consult a legal professional. Who can tailor this petition specifically to the facts and legal nuances of your case.
Disclaimer:
This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, consult the legal matter expert.
