FIR QUASHING PETITION
PETITION UNDER SECTION 482 (NEW SECTION IS 528 BNSS) OF CR.P.C. FOR QUASHING OF THE FIR: FIR QUASHING PETITION
BRIEF FACTS: FIR QUASHING PETITION
That the Petitioner herein has preferred this Petition to seek indulgence of this Hon’ble Court to quash the FIR No. 00000, U/s.498-A/406/34 I.P.C., Police Station —– Delhi (hereinafter be referred to as the “said FIR”). A true typed copy of the F.I.R No. 0000 dated 00.00.0000 is annexed hereto and marked as ANNEXURE-P-1.
- That the petitioner was the husband of the respondent no. 2 herein. The petitioner is a permanent resident of VPO- —– Haryana and is working as ________ in _________. True. A Typed copy of the identity proof of the Petitioner is annexed hereto and marked as Annexure P-2.
- That the respondent no. 2 is a permanent resident of H.No. Delhi, where the Respondent no. 2 has been residing along with her parents.
- The brief facts which has led to the filing of the instant petition are that the marriage was solemnized between the petitioner and the respondent no.2 according to Hindu Rites and Ceremonies on 00.00.0000 in Delhi. There was no issue born out of the wedlock of the petitioner and the respondent. 2.
- That after the marriage, the petitioner and the respondent no.2 stayed together for some time at the aforesaid address VPO- Mandhothi, Bahadurgarh, Haryana, during which period certain irreconcilable differences arose between the parties where after the respondent No.2 started residing separately from the petitioner w.e.f. 06.07.2016, followed by litigations.
- That the complaint was filed by the respondent No.2 (complainant) before the C.A.W. Cell, Rohini Sector-3 against the petitioner which further culminated into the registration of the FIR No. 523 / 2016, U/s.498-A/406/34 I.P.C., Police Station Kanjhawala, Delhi. The challan has not been filed by the Investigation Officer to date.
- That after registration of the FIR both the parties have reached to a settlement and decided to part their ways with the intervention of respectable persons of the society, common friends and relatives and both the parties agreed to take divorce with their mutual consent. The petitioner has also agreed to pay a total sum of Rs.2,00,000/- (Rupees Two Lacs Only) towards all the claims of the respondent No.2 regarding her stridhan, dowry articles, jewellery, maintenance (past, present and future) and permanent alimony and to this effect a Memorandum of Settlement dated 29.05.2018 has also been executed between the petitioner and the respondent No.2. A true copy of the Memorandum of Settlement dated 29.05.2018 between the Petitioner and the respondent no. 2 is annexed herewith as ANNEXURE P-3.
- That as per the said Memorandum of Settlement, the petitioner and respondent No.2 agreed that they will take the divorce from each other on the ground of mutual consent. Respondent No.2 has further undertaken that she will not claim any maintenance past, present, and future as well as permanent alimony, and all their disputes in this regard has already been settled amicably for the said amount.
- That in terms of the MOS, the petitioner has paid a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the respondent No.2 on 16.07.2018 at the time of recording of the statement in First Motion U/S 13B(1). The Petitioner further paid a sum of Rs. 1,00,000/- (Rupees One Lac Only) on 04.10.2018 and the joint statements of the parties were recorded in Second Motion U/S 13B(2) on 16.10.2018, where after it was agreed between the parties that the petitioner shall pay the remaining settlement amount of Rs. 50,000/- (Rupees Fifty Thousand Only) at the time of the quashing of the FIR no. 00000 U/S 498-A/406/34 IPC. The Certified Copy of the Divorce Decree passed by the Ld. Court of Sh. ———-, Ld. Family Judge, ——- Courts is annexed herewith and marked as ANNEXURE P-4.
- That now as per the mutual understanding between the petitioner and respondent No.2, there are no grievances with each other and hence has severed their relationship vide Divorce Decree dated 16.10.2018.
- That both the parties have agreed not to file any complaint, case, petition against each other qua their marriage in future in any court of law. Both the parties further agreed to withdraw all their complaint, cases, if any, filed against each other and they will not interfere in the life of each other in future.
- That the petitioners and respondent No.2 (complainant) have decided not to sue each other in the future as no other claims whatsoever are left between the parties.
- That the parties have already settled all their disputes, the pendency of the present F.I.R. and its proceedings would only give rise to ill-will and hatred among the parties, hence the present petition on the following grounds are invoking inherent powers of this Hon’ble Court to meet the ends of justice, for quashing the above said F.I.R.
- That the Petitioner has not preferred any other petition before any other court of law seeking identical relief as prayed herein.
G R O U N D S :
- That the offence U/s.406/498-A/34 of IPC is non-compoundable. The Ld. Magistrate or the Court of Session has got no power to compound the same.
- That the parties have already settled their dispute with each other. and have already taken divorce vide Decree dated 16.10.2018 with their mutual consent. Thus, the pendency of the FIR would otherwise give rise to ill-will and hatred.
- No fruitful purpose would be served if the FIR remains in existence.
- That in the facts and circumstances of the case, the pendency of the FIR. is an abuse of the process of law.
- That the dispute between the parties was a matrimonial dispute, which is now amicably settled.
- That the petitioner is a law-abiding citizen of India, having clean antecedents. and is presenting the present petition for quashing the F.I.R. No.00000, U/s.406/498A/34 IPC of P.S. ——- Delhi.
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