Petition for quashing of FIR on compromise (High Court)

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. ____ of 20__

MEMO OF PARTIES

Versus

PETITION UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 [SECTION 482 CrPC] FOR QUASHING OF [FIR NO. __ DATED __, UNDER SECTIONS __ OF THE BHARATIYA NYAYA SANHITA, 2023 (OR THE CORRESPONDING IPC SECTIONS FOR OFFENCES BEFORE 01.07.2024), POLICE STATION __, DISTRICT __] (ANNEXURE P-1) AND ALL CONSEQUENTIAL PROCEEDINGS ARISING THEREFROM, ON THE BASIS OF THE COMPROMISE DATED [DATE] (ANNEXURE P-2)

Respectfully showeth:

1. That the above-noted FIR was registered at the instance of respondent No. 2 against the petitioner(s), alleging that [BRIEF ALLEGATIONS].
2. That the dispute between the parties is [private / personal / matrimonial / commercial] in nature.
3. That with the intervention of respectable persons and well-wishers, the parties have amicably settled their disputes and entered into a written compromise dated [DATE] (Annexure P-2). The compromise is voluntary and without any coercion, pressure or undue influence.
4. That respondent No. 2 has no objection to the quashing of the FIR and the consequential proceedings, and is ready to appear before this Hon'ble Court or before the trial court to make a statement to that effect.
5. That the proceedings are at the stage of [INVESTIGATION / CHARGE / EVIDENCE] before [COURT]. The case-specific grounds for seeking quashing despite the prosecution material are [STATE SUPPORTED GROUNDS]; the compromise is not treated as an automatic ground for quashing.
6. That the petitioner(s) [have / have not] been declared proclaimed offender(s), and [no other case is pending between the parties / details of other cases: __].
7. That [no earlier petition for the same relief was filed / the earlier petitions, results and material change in circumstances are: ___].
8. That each petitioner’s alleged role, the exact offences, injury and weapons if any are [particulars]. The case is at [investigation / charge / evidence / appeal stage]; the challan, charge order and previous relevant orders are annexed as [ ].
9. That all victims, complainants and accused concerned are identified in [schedule]. The compromise covers [persons and issues]; any person or count not covered, minor victim or third-party/public interest is expressly disclosed as [ ].
10. That the dispute arose from [specific private transaction or relationship]. Its predominantly private character is shown by [facts], while the seriousness and social impact of the alleged offence are addressed by [facts].
11. That the settlement dated [ ] was reached through [process] voluntarily. Consideration or obligations are [terms]; performance is evidenced by [receipts / return of property / statements]. Any remaining obligation is [precise term and deadline].
12. That the reasons for submitting that continuation would be unjust despite the prosecution material are [case-specific reasons]. The Court is not asked to treat the compromise as automatic proof that conviction is impossible.
13. That proclamation status, antecedents, other FIRs, prior quashing petitions and bail conditions are fully disclosed as [ ]. The petitioners and affected persons are available for judicial verification of the settlement as directed.
14. That [OPTIONAL: retain only after verifying the cited rule and these facts] the transaction is predominantly [private category] as evidenced by [records], the compromise is voluntary and covers [persons], and the prosecution stage is [ ]. Applying Gian Singh, continuation would defeat the ends of justice because [specific reason]; seriousness, public impact and any excluded category are addressed by [analysis].

PRAYER

It is, therefore, respectfully prayed that the above-noted FIR (Annexure P-1) and all consequential proceedings arising therefrom may kindly be quashed on the basis of the compromise dated [DATE] (Annexure P-2). [If so directed, the parties may be sent to the trial court / Illaqa Magistrate to record their statements on the genuineness of the compromise.] It is further prayed that further proceedings before the trial court may be stayed during the pendency of this petition.

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Petitioner

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

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

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Petitioner