482 APPLICATION

IN THE HON’BLE HIGH COURT OF DELHI AT NEW
DELHI
Crl. M.C. /xxxx
IN THE MATTER OF:

Veeru ………..Petitioner
VERSUS
State (NCT of Delhi) & Anr ………… Respondents
FIR No: xx/xxxx
U/s: 34, 406 and 498A I.P.C.
P. S.: Ramgarh
PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973

R/W ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING QUASHING OF FIR
XX/XXXX WITH P.S RAMGARH , DELHI AND ALL PROCEEDINGS ARISING
THEREFROM IN LIGHT OF SETTLEMENT BETWEEN THE PETITIONER AND THE
RESPONDENT NO. 2
TO,
THE HON’BLE CHIEF JUSTICE,
AND HIS COMPANION HON’BLE JUDGES
OF DELHI HIGH COURT
MOST RESPECTFULLY SHOWETH:

1. That the present petition is being filed and preferred by the Petitioner and
Respondent No. 2 seeking quashing of FIR no. xx/xxxx registered with Police
Station Ramgarh, Delhi under sections 34, 406 and 498A I.P.C. and all
proceedings emanating therefrom. The petitioner and the Respondent No. 2
very respectfully submit before this Hon’ble Court that the matter has been
settled between the parties in full and final manner and now there is no
grievance left between the parties. The parties i.e. the Petitioner and the
Respondent no. 2 have settled their disputes via Court Intervention and
assistance of counsels. Now there is no grievance left between the parties,
hence no useful purpose shall be served by continuing the proceedings in the
said FIR. The copy of FIR No. xx/xxxx registered with P. S. Ramgarh, Delhi is
annexed herewith and marked as Annexure – P1.
BRIEF FACTS:
2. The brief facts of the case are as under:
(i) That disputes and differences arose between the Petitioner and the
Respondent No. 2 . The Respondent No. 2 had filed a Police Complaint before
the Assistant Commissioner of Police on xxxxat Police Station, Ramgarh, New
Delhi u/s 498A and 406 of the Indian Penal Code,1860 and under dowry Act
(ii) The said complahint resulted in FIR bearing No. xxxxxx dated xxxxx U/s 498A,
406 and 34 of Indian Penal Code, 1960 registered at P.S. Ramgarh. FIR is
annexed herewith and marked as Annexure P1.
(iii) The charge sheet was filed the Petitioner before the MM, Mahila Court, West
District, Tis Hazari Courts, Delhi.
(iv) That on joint request of the Parties the matter was referred to Tis Hazari
Mediation Centre on xxxx .The matter was settled amongst parties in mediation
at Tis Hazari Mediation Centre, Tis Hazari Courts on xxxxx. Settlement
Agreement is annexed herewith and marked as Annexure P2.
(v) As per the settlement agreement, Rs. 1,00,000/- was paid to the Respondent
No. 2. First motion petition for divorce by way of mutual consent was allowed
on xxxxxx. Further second motion petition for divorce by way of mutual consent
U/s 13 B of Hindu Marriage Act, 1956 was allowed vide judgement dated xxxxx
by Hon’ble Principle Judge, Family Courts, West District, Tis Hazari Courts.
(vi) That in view of aforementioned facts, the instant Petition is being filed.
GROUNDS:
3. That the instant Petition is being filed inter alia on following grounds:
A. Because in view of the said settlement the success of prosecution is remote
and thereby the continuation of proceedings in the said FIR shall be sheer
wastage of precious judicial time.
B. Because it has also been held by Hon’ble Supreme Court in landmark

case “Gian Singh Vs. State of Punjab & Anr.” (2012)10SCC 303 that even if
offences are non compoundable the High Courts are having
inherent jurisdiction to quash the FIR under section 482 of Code of Criminal
Procedure.
C. Because again in “Narinder Singh & Ors Vs State of Punjab & Ors”( 2014) 6 SCC
466 , it has been held by the Hon’ble Supreme Court that even non
compoundable offence can be quashed by the High Court under Section 482 of
Code of Criminal Procedure”. Para 31 (I) of the said Judgment reads as:
“(I) Power conferred under Section 482 of the Code is to be distinguished from the power
which lies in the Court to compound the offences under Section 320 of the Code. No doubt,
under Section 482 of the Code, the High Court has inherent power to quash the criminal
proceedings even in those cases which are not compoundable, where the parties have
settled the matter between themselves. However, this power is to be exercised sparingly
and with caution”
4. That the petitioners belong to respectable families and have deep roots in the
society and grave injustice shall be caused to them if the present petition is not
allowed.
5. That the present petition has been filed bona fide and in the interest of
justice.
6. That in the given fact and circumstances of the case, the Petitioners have no
other resource or remedy available except for filing the present petition and
seek indulgence and by exercise of inherent power in order to prevent abuse of
process of law and to secure ends of Justice.
7. That the Petitioners have not filed any other similar petition before this
Hon’ble Court or before the Hon’ble Supreme Court of India.
PRAYER
In the facts and circumstances of the case, it is therefore prayed that this
Hon’ble Court may be pleased to:
1. Quash the FIR No.xx/xxxx registered at P.S.-Ramgarh, Delhi u/s Section

498A, 406 and 34 I.P.C. along with all the proceedings emanating there from;
2. Pass any such further order(s)/direction(s) as this Hon’ble Court deem fit and
proper in interest of justice.
PETITIONER
Through
Counsel
Place: New Delhi
Date:
Note: Quashing Petition has to be accompanied with Memo of Parties, Synopsis,
List of Dates, Affidavit etc.

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IN THE HON’BLE HIGH COURT OF DELHI AT NEW

IN THE MATTER OF:

FIR No: xx/xxxx

U/s: 34, 406 and 498A I.P.C.

PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973

THE HON’BLE CHIEF JUSTICE,

AND HIS COMPANION HON’BLE JUDGES

OF DELHI HIGH COURT

MOST RESPECTFULLY SHOWETH:

B. Because it has also been held by Hon’ble Supreme Court in landmark

1. Quash the FIR No.xx/xxxx registered at P.S.-Ramgarh, Delhi u/s Section

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