Format Of Application U/S 265-K Cr.PC On The Basis Of Compromise

Before I start explaining the format of application u/s 265-k it is very important to understand what this 265 k is? In Pakistan Code of criminal procedure 1898 is applicable on all criminal courts. Section 265k is the provision of that code

Section 265-k is the power given to the court to acquit accused at any stage. Courts cannot use this power blindly rather they are under restrictions.

Most of you might have heard in news that court acquitted a man in a drug smuggling case  under section 265-k. Then you will start wonder what is that provision?

For more understanding lets reproduced the exact wordings of section 265-k;

“Nothing in this Chapter (XXII-A) shall be deemed to prevent a Court from acquitting an accused at any stage of the case. If, after hearing the prosecutor and the accused and for reasons to be recorded, it considers that there is no probability of the accused being convicted of any offense”
There is one conditions laid down in this provision. In order to get acquittal of accused in application u/s 265-k this conditions must be fulfilled, which is;
There is no probability of the accused being convicted of any offense
The applicability of application u/s 265-k is very wide.

Scope Of Application U/S 265-K of Cr.PC

In following instances the application to get acquittal can be filled;
  1. Acquittal due to non-appearance of plaintiff Witnesses
  2. Acquittal on account of delayed trial.
  3. Quashment/ Acquittal in cases of no or insufficient evidence
  4. In case of malicious proceedings
  5. Cases is of civil nature.
  6. Quashment of proceedings in preventive offenses
  7. FIR Quashment due to non-compliance of S.195 Cr PC.
  8. Quashment of FIR in zina cases

Another important point in this section is this.

The application u/s 265-k can be filled at any stage of the Proceeding.

It does not matter if;

  1. Charge is made or not
  2. Evidence by the Prosecution is concluded or not
  3. Before judgment is delivered

It is also observed that when the accused is on physical remand or judicial remand. The counsel of accused presents application under 265k while raising grounds that.

Grounds Of Application U/S 265-K

The probable grounds raised are;

  1. Accuse is not directly nominated in FIR
  2. Nothing recovered during remand
  3. No role was attributed with accused
  4. Accused nominated in belated statement
  5. Since challan is submitted evidence not started
  6. FIR is false, frivolous, baseless, flimsy and concocted
  7. Long delay in recording of evidence
  8. Compromise between parties

Format Of Application u/s 265-K

Section 265k comes into play when the trial of the accused in a criminal case is held in session court or high court. In simple terms, application u/s 265k is competent only when the case is tired by session or high court.

If the offense committed is in the cognizance of  magistrate then application under section 249-A is filled.

Here i have provided the best format of application u/s 265-k. It will surely help you in your case.

IN THE COURT OF MR.ABC, LEARNED DISTRICT & SESSION JUDGE. RAWALPINDI

Mr. CDE S/o FGH, R/o IJK, Rawalpindi.

……PETITIONER

VERSUS

The State

…..RESPONDENT

IN A CASE FIR NO. 1234, DATED 02-01-2017, UNDER SECTION 420, 468, 471, 419, 409, 109 PPC POLICE STASTION SADIQABAD, RAWALPINDI

APPLICATION U/S 265-K OF CR.P.C FOR ACQUITTAL OF ACCUSED IN ABOVE MENTIONED CASE.

RESPECTFULLY SHEWETH: –

  1. That the petitioner is the accused in the above-mentioned case which is pending for adjudication before this Honorable Court and is fixed for today.
  2. That the FIR was registered on 02-01-2017, in which accused has been falsely implicated by the complainant due to previous enmity over family affairs. This fact is admitted by him in the FIR.
  3. That nothing has been recovered from the possession of the applicant / accused neither at the time of incident nor at the time of arrest.
  4. That the allegations leveled in the FIR are false, frivolous, baseless, flimsy and concocted and the petitioner has no concerned whatsoever with the commission of the said offense.
  5. That since 2017 the PWs have been called so many times by this honorable court but they are not coming forward to depose against the accused.
  6. That the parties have been entered into a compromise at bail stage and complainant submitted an affidavit and his statement got recorded before this Honorable Court and Order was passed by this Honorable Court.
  7. That considering the statement, affidavit of the complainant and order passed by this august Court there is no chance of conviction it would be futile exercise if the trial is continued.
  8. That in view of the facts available on the prosecution record, there is no justification of continuing the process of case. These are the valid and sufficient grounds of abusing court process and wastage of precious time of the court.
  9. That no direct evidence is available on record of the prosecution against the applicant / accused for which prosecution can reach at the conclusion of the case.
  10. That it is a fit case to be dealt u/s 265-K Cr.P.C. And the applicant is liable to be acquitted in this case.
  11. That the case is in hand is without solid substantial evidence. Which is unlikely to be proved against the applicants / accused.
  12. That possibility of conviction of the accused is zero. If the case further proceeded it will amounts to abuse of the process and harassing the applicant.
  13. That further grounds will be argued at the time of hearing of this application with the permission of this Honorable Court.
  14. That petitioner is facing the agony of trial and there is no chance of conviction of the petitioners/accused.
  15. That if this application is not accepted the petitioner will suffer an irreparable loss.

In the circumstances, it is therefore, most humbly prayed that the application u/s 265-k may graciously accepted. And accused/Petitioner be acquitted from the charge u/s 265-K Cr.P.C, in the best interest of justice.

PETITIONER

                                                 THROUGH

 Malik Awais Alam

Advocate High Court

Syed Shoaib Habib

Advocate High Court

Verification:

That as per information received from the Petitioner. This is the first petition on the subject ever moved before this honorable court on behalf of the petitioner. No other petition of like nature is pending adjudication before any other court of law.

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