Quashing Proforma on Compromise (India)

Quashing Proforma Compromise

First of all for filing compromise quashing below-mentioned documentation is required:

Compromise Deed signed by both the parties.

Identity proofs of both the parties.

True Translated copy of FIR.

IN THE HON'BLE HIGH COURT OF

CRM-M No………. 20

Name of First Party

……….Petitioner

Versus

Name of Second Party.

……Respondents

Index

Place: Chandigarh

Date:

Through Counsel

IN THE HON’BLE HIGH COURT OF

CRM-M No………. 20

Name of First Party

……….Petitioner

Versus

Name of Second Party.

……Respondents

Court fee

Place:

Date:

Through Counsel

IN THE HON’BLE HIGH COURT OF

CRM-M No………. 20

Name of First Party ……….Petitioner

Versus

Name of Second Party. ……Respondents

Application Under Section 482 Cr.P.C. for exemption from filing Certified Copies and for accepting True Typed/ True Translated copies of Annexures……….

Most Respectfully Showeth:

That the Applicant/Petitioner is filing the accompanying Petition before this Hon’ble High Court. The Same is likely to succeed for the grounds taken therein.

That the Applicant/petitioner is also attaching herewith true typed/ True Translated copies of Annexures _________. Since the matter is of an urgent nature, thus the true typed/ True Translated copies of the

Annexures ________are being attached with this petition.

It is, therefore, respectfully prayed that the present Application may kindly be accepted in the interest of justice and fair play.

Note: Affidavit is Attached

Place: Through Counsel

Date:

IN THE HON’BLE HIGH COURT OF

CRM-M No………. 20

Name of First Party ……….Petitioner

Versus

Name of Second Party. ……Respondents

Short Affidavit of ______Son of _________, aged about __years,

Resident of___________

I, the above-named Deponent do hereby solemnly affirm and declare on oath as under:

That the deponent is filing the accompanying Petition before this

Hon’ble High Court. The Same is likely to succeed for the grounds taken therein.

That the deponent is also attaching herewith true typed/ True Translated copies of Annexures___________. Since the matter is of an urgent nature, thus the true typed/ True translated copies of the Annexures __________are being attached with this petition.

DEPONENT

DATED:

Verification:-

Verified that the Contents of Paras No. 1 to 2 of my affidavit are true and correct to the best of my knowledge and belief. No Part of it is false and nothing material has been kept concealed therein.

DEPONENT

DATED:

IN THE HON’BLE HIGH COURT OF

CRM-M No………. 20

MEMO OF PARTIES

(Name of the first person), (his father's name), (his age) and (his address).

……….Applicant/Petitioner

Versus

In case of the state of Punjab or Haryana is a Party then its name along with this (Name of the second party), W/o/D/o/S/o (Name), (age), (address)

……Respondents

Place: Through Counsel

Date:

Petition under Section 482 of the Cr.P.C. for quashing of FIR No. _____, dated ______ under

Section ______ of IPC registered at Police Station ______, District______Annexure P-1, on the

basis of Compromise/Memorandum of

Understanding (Annexure P-2).

AND

It is further prayed that during the pendency of the present petition, the further proceedings arising out of the above-mentioned FIR may kindly be stayed on the basis of Compromise dated_______ Annexure P-2, in the interest of justice.

OR

Pass any other alternative remedy which this Hon'ble Court may deem fit in the interest of justice.

MOST RESPECTFULLY SHOWETH:

That the petitioner is peace loving and law abiding citizens of India.

That brief facts of the case are that marriage between Petitioner No.1 i.e. _________ and respondent No. 2 _______was solemnized in the year ______according to Hindu rites and ceremonies.

That due to temperamental differences both petitioner No.1 and respondent No.2 could not able to cohabitate their married life and

due to that reason both are residing separately from each other since __________.

That on________on the statement of Respondent No. 2 namely

________ the Complaint was admitted to be sent for Registration of F.I.R. against the Petitioner only. Thereafter FIR No. _____under section____________. was registered on behest of ________. The True typed/ Translated copy of FIR is annexed as Annexure P-1.

That during the pendency of the case, a compromise has been effected between the parties with the intervention of the respectable persons/ Panchayat. Since parties have settled the disputes amicably, so, complainant/ respondent no.2 do not want to pursue the case. As well as both the parties decided to live happily together as Husband

and Wife. The copy of the true translated compromise dated__________ appended herewith as Annexure P-2.

That as per terms and conditions of the compromise (Annexure P-2), both the Petitioner and Respondent no. 2 are now living together as husband and wife along with their children at the address mentioned above. Further, both petitioner and respondent no.2 are bound as per the terms and conditions of the compromise deed, executed with their free will and consent and without any kind of pressure. True typed copies of Identity proof of Petitioner and Respondent No.2 are Annexed as Annexure P-3 (colly).

That the petitioner seeks kind indulgence of this Hon'ble Court for quashing of the above said FIR, as well as all the consequential proceeding arising thereof in view of the fact that compromise has been effected between the parties and complainant, is not interested

to pursue the matter and want to rehabilitate in the matrimonial home along with her husband and two minor daughters.

Furthermore, it was held by the Hon`ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2)R.C.R. (Criminal) 429 that in cases where the compromise arrived between the parties in that cases no useful purpose would be served in continuing with the proceeding in the light of the compromise.

That in view of the facts and circumstances enumerated hereinabove and also in view of the compromise arrived between the parties, the FIR in question is liable to be quashed because the continuance of proceeding in the above said FIR will be an abuse of process of law.

That this Hon`ble Court in Full Bench judgment titled as Kulwinder Singh v. State of Punjab 2007 (3) RCR(Criminal) has held that High Court has wide powers to quash the proceeding even in non-compoundable offenses.

That the Petitioner is not a Proclaimed Offender also both the parties are residing happily as husband and wife so, quashing of the present matter is necessary concerning the life and liberty of both the parties as well as facts narrated above.

That all the necessary persons have been made the party in the present case and no other person is required to be made a party in the present matter.

That the Petitioner is left with no other speedy, alternative and efficacious remedy for the redressal of his prayers except to approach this Hon’ble Court by way of filing the present petition under Section 482 Cr.P.C.

That no such or similar petition has earlier been filed by the

Petitioner either in this Hon’ble Court or in the Hon’ble Supreme Court of India.

It is humbly prayed as under:

PRAYER

a) FIR No.______, dated ________Section___________ of IPC, registered at Police Station _____, District________on the basis of Compromise may kindly be quashed.

And

b) It is further prayed that during the pendency of the present petition, the further proceedings arising out of the abovementioned FIR may kindly be stayed, in, the interest of justice.

OR

c) Any other alternative remedy which this Hon’ble Court may deem fit in the interest of justice. Petitioner

Date:

Through Counsel

IN THE HON’BLE HIGH COURT OF

CRM-M No………. 20

Name of First Party ……….Petitioner

Versus

Name of Second Party. ……Respondents

Affidavit of _______Son of _______, aged about __years, Resident of

_________________

I do hereby solemnly affirm and declare on oath as under:

1. That the Deponent is filing the present Petition with his free will and

consent.

2. That no contents stated in this Petition is false and nothing false has been concealed therein and the facts stated therein are written on behest of the deponent.

Place: Chandigarh

Date: Deponent

Verification:

It is verified that the contents stated in my Affidavit are true and correct and nothing false has been stated and the contents are based upon the documents also.

Place

Date: Deponent

IN THE HON’BLE HIGH COURT OF

CRM-M No………. 20

Name of First Party ……….Petitioner

Versus

Name of Second Party. ……Respondents

Affidavit of ______ Wife of _______, aged about ___ years,

Resident of

__________________________________________________.

I, the above named deponent do hereby solemnly affirm and declare as under:-

That deponent has lodged an FIR No. _____dated _______ Under sections________ of IPC, at Police Station_____,

District_______against (Name of First person).

That during the pendency of the case, with the intervention of the respectable/ Panchayat, for the benefits of the parties, without any coercion and pressure, with the sweet will of the parties, compromise has been effected vide compromise deed dated_______.

That as per the compromise the deponent has no objection if the abovementioned FIR is being quashed. The deponent is ready to give the statements before any court to this effect. The other terms and conditions have been mentioned in the compromise deed.

Place:

Date: Deponent Verification:

It is verified that the contents stated in my Affidavit are true and correct and nothing false has been stated and the contents are based upon the documents also.

Place:

Date: Deponent