Quashing Petition (High Court) (India) by OLL
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Quashing
IN THE HIGH COURT OF
(EXTRA ORDINARY CRIMINAL JURISDICTION)
Crl. Misc. (Main) No. ______ of 20__
IN THE MATTER OF:
______________ … PETITIONER
VERSUS
N.C.T. of Delhi & Another … RESPONDENTS
INDEX
S.No. | Particulars |
| Page Nos. |
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1. | Notice of Motion |
| A |
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2. | Urgent Application |
| B |
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3. | Memo of party |
| C |
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4. | Criminal Misc. Main petition for quashing of FIR no. ___ dated _______, U/S 285/304-A IPC, P.S. _______, u/s 482 Cr.P.C. alongwith affidavit
|
| 1 – |
5. | Annexure P-1 Copy of FIR No.___ dated _____ |
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6. | Annexure P-2 Copy of Compromise Deed dated ______ |
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7. | Annexure P-3 Copy of the Demand Draft dated _________ |
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8 | Annexure P-4 Affidavit of Respondent No. 2 |
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9. | Application for exemption from filing certified copies of the annexures alongwith affidavit |
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10. | Vakalatnama |
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Petitioner
Through
________
Advocate
_______________,
Place: _____________________
Date:
IN THE HIGH COURT OF
(EXTRA ORDINARY CRIMINAL JURISDICTION)
Crl. Misc. (Main) No. ______ of 20__
IN THE MATTER OF:
_____________________ … PETITIONER
VERSUS
& Another … RESPONDENTS
NOTICE OF MOTION
Sir,
The enclosed petition in the aforesaid matter is being filed on behalf of the petitioner and is likely to be listed on __________ or any date, thereafter. Please take notice accordingly. Issue any appropriate order for quashing and setting aside the FIR No. ___ dated ______.
Petitioner
Through
Advocate
IN THE HIGH COURT OF
To,
The Deputy Registrar,
Case No. ________________________ of 2010
IN THE MATTER OF:
_____________________ … PETITIONER
VERSUS
& Another … RESPONDENTS
URGENT APPLICATION
Sir,
Will you kindly treat the accompanying petition as urgent one in accordance with the High Courts Rules and Orders.
1. The ground of urgency are:
Yours faithfully,
IN THE HIGH COURT OF \
(EXTRA ORDINARY CRIMINAL JURISDICTION)
Crl. Misc. (Main) No. ______ of 20__
IN THE MATTER OF:
__________________ … PETITIONER
VERSUS
\ Another … RESPONDENTS
MEMO OF PARTIES
1.
2.
… PETITIONERS
Versus
1. \
2.
… Respondents
Petitioner
Through
Advocate
____________,
Place: ______________
Date: \
IN THE HIGH COURT OF \
(EXTRA ORDINARY CRIMINAL JURISDICTION)
Crl. Misc. (Main) No. ______ of 20__
IN THE MATTER OF:
_____________ & Others … PETITIONER
VERSUS
N.C.T. of Delhi & Another … RESPONDENTS
CRIMINAL MISC. MAIN PETITION FOR QUASHING OF FIR NO.____ Dated _________, U/S ________IPC, P.S. _______________, DEL\U/S 482 CR.P.C.
It is most respectfully submitted as under:-
That the petitioner no 1 is a ___________ and petitioner no. 2 is working as a Manager of the petitioner no. 1 concern.
That the respondent No. 2 is the of the deceased, Late
That the deceased was working as in the factory of petitioner no 1 and was drawing a monthly salary of Rs. ______/- per month.
That on _______ the deceased unfortunately died in an accident while working in the factory of the petitioner no. 1.
That an FIR No. _____ was registered at P.S. __________ on _____, U/ss 285/304-A IPC in connection with the death of the deceased ___________. Copy of the said FIR is enclosed and marked as Annexure P-1.
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A template for a Quashing Petition to be filed in an Indian High Court under Section 482 of the Code of Criminal Procedure. It is designed for situations where parties have reached an amicable settlement or compromise and seek to have a First Information Report (FIR) and subsequent criminal proceedings cancelled.
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About this template
What is this template?
This is a formal criminal miscellaneous petition for filing in an Indian High Court to terminate criminal proceedings. It contains specific sections for a Notice of Motion, Memo of Parties, and supporting affidavits for both the petitioner and respondent. It is not an anticipatory bail application or a trial court motion.
When should you use it?
Use this when a criminal case involving compoundable or non-heinous offences has been settled out of court and requires a High Court order to close the police record. If the case is still at the investigation stage without a settlement, use a regular application for bail or a petition to stay arrest instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Notice of Motion | Notifies the court and respondents that a petition for quashing FIR No. [number] is being filed for an upcoming listing. |
| 2 | Urgent Application | Requests the Deputy Registrar to treat the petition as urgent under High Court Rules and Orders. |
| GROUNDS | Grounds for Quashing | Argues that since the matter is settled via a Memorandum of Settlement, no useful purpose is served by continuing prosecution under Section 304-A IPC. |
| PRAYER | Prayer | Seeks a specific order from the High Court to quash the FIR involving charges under Sections 287, 336, and 304-A of the IPC. |
| 9 | Exemption Application | Requests liberty to file certified copies of annexures at a later date as allowed by court rules. |
Who it's for
- an employer seeking to quash an FIR following an accidental death in their factory
- a manager named as an accused in a criminal case regarding industrial safety negligence
- legal practitioners filing a quashing petition in the High Court of Delhi
- parties who have executed a compromise deed to settle a criminal dispute amicably
How long it runs and how it's signed
Law it's drafted under
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