Format of Writ Petition For Quashment of FIR from High Court

Quashment of FIR

High court has inherent power to order quashment of FIR. High court acquire this power from section 561-A of Cr.PC which is are very wide and undefinable. It can order for quashment of FIR when there are chances of real and substantial injustice.

Here in this post the procedure of quashment of FIR and Format of writ petition for quashment of FIR will be explained.

How To File Petition Quashment of FIR?

If the accused/ petitioner believes that FIR is lodged against him with malafide intentions. Then he can approach only to High Court under section 561-A and submits writ petition for quashment of FIR.

The high court after sending notices and listening arguments of all parties can order the quashing FIR.

At this stage petitioner has to submit cogent, coherent and concrete evidence and arguments to convince high court.

What are the Grounds Required for Quashment of FIR?

Following grounds can be taken in writ petition in order to get orders for qushment of FIR.

  1. Where prima facie allegations made in the FIR or the complaint, do not constitute any offence or make a solid case against accused.
  2. Where allegations FIR do not disclose a cognizable offence which justifies an investigation by police officers.
  3. Where allegation turns out to be a non-cognizable offence. In which no police is not allowed to conduct investigation without an order of a Magistrate as contemplated under Sec. 155 (2) of the Cr.P.C.
  4. Where there is an attempt to convert a pure civil liability into criminal liability.
  5. Where FIR is registered for revenge or ulterior motives.
  6. Where is accused is mistakenly add in FIR.
  7. Where accused was no present on that day on place of commission of offence

Can Court Order Quashment of FIR at Investigation Stage

Investigation cannot be quashed by the High Court under Section 561-A or 491, Cr.P.C. It is the duty of the police to investigate the case and see whether any offence has been committed or not.

[HELD]1975 P.Cr.LJ 41. Ahmed etc. v. Nasimul Hassan etc.

Format of Writ Petition For Quashment of FIR

A sample writ petition format is provided here. You can use this draft of FIR quashment petition.

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.

W.P No. ______Q/2008

  1. AD son of MS
  2. RA
  3. LA Sons of HA

All residents of Dhoke _____, Tehsil ______, Rawalpindi.

…Petitioners

Versus 

  1. S.H.O P.S ___, Tehsil _____, District Rawalpindi.
  2. FeH, A.S.I, P.S ____, Tehsil _____, District Rawalpindi.
  3. ML son of MF, resident of Dhoke ______, Tehsil_______, Rawalpindi.
  4. The State

…Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN READ WITH SECTION 561-A Cr.P.C FOR THE QUASHMENT OF FIR NO. 171 DATED 05-08-2008 P.S. ___, Tehsil _____ DISTRICT RAWALPINDI UNDER SECTION 379 PPC.

Respectfully Sheweth,

That the concise fact of this case are as follows:-

  1. That the petition under screening is filed for the quashment of FIR No. 171 Dated 05-08-08 under section 379 P.P.C, registered with P.S ___ Tehsil _____, District Rawalpindi alleging therein that the petitioners, during harvesting their wheat crop, harvested the crop of the complainant/ respondent NO. 3. (Copy of F.I.R enclosed herewith for kind perusal of this Honourable Court as annex “A”).
  2. That before the registration of FIR on 07-05-2008 the respondent no.3 moved an application for appropriate action before the SDPO/DSP ____ who assigned the same to S.H.O P.S _____. The respondent no.1 further passed on the said task and entrusted the inquiry to the MYU S.I to look into the matter and submit report. After detailed inquiry the said police officer stated that the parties are locked in civil litigation, and by virtue of the order of Civil Courts both the parties are directed to maintain status-quo. Both the parties are co-sharers in the land i.e. place of occurrence.
  3. That failing in above mentioned episode, the respondent no.3 opted to move an application under section 22-A before Learned Justice of peace, _____ for registration of F.I.R. The Sub Inspector MYU, P.S ___ submitted his reply. Thereafter, learned Justice of Peace ____ directed the concerned S.H.O to register the case if cognizable case is made out. It is pertinent to mention here that MYU S.I repeated the same findings submitted by him before SDPO/DSP ______.(Copy of application u/s 22-A Cr.P.C and order dated 22-07-08 is attached as Annexure “D”)
  4. That the contents of the application u/s 22-A presented before the Learned Justice of Peace _____ by the respondent no. 3 clearly indicates that the case was based on malafides. The respondent no.3 stated in para no.1 of his application that he is co-sharer in the land along-with petitioners. The respondent no. 3 purchased the land measuring 1 Kanal out of Khasra no. ___ vide mutation no.____ on _____. In the para no.3 he stated that he cultivated the land in year 2007. Further the “Fard” of the said land appended with his application depicts that the land was subject to mortgage to some other person. So the malicious intent of the respondent no.3 cannot be ruled out.
  5. That the petitioner no. 3 invoked the writ jurisdiction of this Hon’ble court for the quashment of FIR on 11-08-08. His Lordship Justice ______ dismissed the same for the reason that the petitioner has not joined the investigation hence the petition was not maintainable. (Copy of the writ petition for quashment of FIR and order dated 25-08-08 is attached as Annexure “G”)
  6. That petitioners sought pre-arrest bail, joined the investigation and the learned Additional Sessions Judge, _____ confirmed the pre-arrest bail vide his order dated 03-09-08. (Copy of application of bail granting order is attached as Annexure “E”)
  7. That in-fact the above stated detail is a sequel to a series of civil and criminal litigation, pending adjudication in different courts of _____ between the petitioners and respondent no.3.
  8. That the respondent no.3 wanted to buy a piece of land adjacent to his bungalow from MSU, father of petitioner no.1. The father of the petitioner no.1 rejected the offer and gifted the said land to his relatives KME son of AMA and MYO son of MKH. From there onward the respondent no.3 started a chain of frivolous litigation against the petitioner no.1, his father and their other relatives. On 25-03-08 at night, when the petitioner no.1 was sleeping in his house in Rawalpindi, the police raided his house arrested him and took him to Lahore, where it was revealed that he has been implicated in a criminal case of abduction. The complainant MAF son of MSH, a relative of respondent no.3, in connivance with S.I MYO, Police Station ______, lodged a false F.I.R No.260 dated 22-03-08 under section 496-A against the petitioner no.1. After grabbing a handsome amount from the petitioner no.1, the complainant and his sister exonerated him and case was withdrawn. (Copy of FIR and statement of abductee u/s 164 Cr.P.C is attached as Annexure “H”)
  9. That before the registration of F.I.R in limelight the respondent no.3 also had filed civil suits, which are pending adjudication. (Copies of the civil suits are attached as Annexure “I-A”)
  10. That the father of the petitioner no.1 had also filed following civil suits to safeguard his rights over the suit property. (Copies of the civil suits are attached as Annexure “I-B”)
  11. That earlier one KME son of AMA a relative of petitioners had got registered FIR No. 56 dated 08-04-08 under section 379 P.P.C, 14-6/79 I/L against the respondent no.3 and two others. It would be worth mentioning that petitioner no.3 is the eye-witness in the mentioned F.I.R. (Copy of F.I.R enclosed as Annexure “C”)
  12. That prior to the FIR in question, the respondent no.2 lodged another case FIR no. 151 dated 21-07-08 under section 506/147, 341/149 P.P.C against the father of the petitioner no.1 and 10 others. The complainant of FIR mentioned in para no.11 of this petition was also implicated in this FIR. All the accused were granted pre-arrest bail by the learned Additional Sessions Judge, _____ vide order dated 02-09-08. (Copy of application and bail granting order is attached as Annexure “F”)
  13. That the petitioners have been lured in to the present case by the respondent no.2 in order to cause harassment, humiliation, and browbeating. Thus petitioners are constrained to resort to this petition for quasment of FIR.
  14. That the petitioners seek interference of this Honorable court for quashment the FIR on the following amongst other grounds:

Grounds For Quashment of FIR

  1. That the FIR registered is false, vexatious and tainted with malafide.
  2. That the criminal proceedings have been initiated to pressurize the petitioners to deter them from pursuing the civil suits.
  3. That the criminal proceedings are not sustainable in face of pending civil litigation.
  4. That registration of repeated FIR’s by itself is proof of fact that the same are based on ill will, malafides, misuse and abuse of process of law.
  5. That the respondent no.2 A.S.I FEH has joined league with the respondent no.3 and is behind the registration of these false cases.
  6. That the petitioners have committed no offence. The alleged day light occurrence went unnoticed and un-witnessed. This is sheer case of no evidence and the act of the respondents is without jurisdiction and also abuse of the process of court and law thereto.
  7. That the sole object of the respondent no.3 is to insult, humiliate and coerce the petitioners for collateral purposes. Seemingly it looks an attempt to ensnare the petitioners on one pretext or another. It is important to submit here that the petitioner No. is a School Teacher and at the time of alleged occurrence, he was present at his school/ duty.
  8. That no case is made out against the petitioner from the contents of FIR, admittedly the petitioners are co-sharers and in possession of the land. Hence the quashment of FIR is in the interest of natural justice.
  9. That the complainant/ respondent No. 3 has spread a wider net while mentioning the names of the family members of the petitioner no.1.
  10. That the local police have on both administrative forums repeatedly emphasized that the instant case is false and an outcome of grudge and enmity nurtured by the respondent no.3
  11. That the ingredients of Section 379 PPC are not available in the instant case.
  12. That the order for quashment of FIR is required because this FIR is illegal, void, null ab-initio and corum-non-judice and the same is liable to be declared so.
  13. That the petitioner has got no other efficacious, speedy and appropriate remedy except to invoke the inherent powers of this Honourable Court.

In the circumstances, it is humbly prayed that the instant writ petition for quashment of FIR may kindly be accepted and FIR No.171 dated 05-08-2008 P.S ____ may kindly be declared to be registered without any lawful authority and the same may please be quashed by declaring the same void ab-initio in the interest of justice.

Any other relief, which this Honourable Court deems just and proper while quashing FIR, may also be granted to the petitioners in the interest of justice.

Petitioner

Through

Name of Counsel

Advocate High Court

C.C. No. _____

Certificate:-

  1. As per instruction received, it is certified that this is the 2nd petition for quashment of FIR, which is filed before this Honourable Court. Earlier writ petition of quashment of FIR was no.1149/2008 which was dismissed by His Lordship Justice _______ vide his order dated 25-08-08.
  2. It is further certified that as per instruction received no case on the subject matter is pending or decided by the August Supreme Court of Pakistan.

Counsel

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.

W.P No. ______/Q of 2008

ADI etc       VS     S.H.O P.S _____, and others

WRIT PETITION FOR QUASHMENT OF FIR

AFFIDAVIT

That I, Mr. ADI son of MSU, resident of Dhoke _____, Tehsil _____, Rawalpindi

do hereby solemnly declare as under:-

That the contents of the accompanied petition for quashment of FIR are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

                                                Deponent.

Verification:-

Verified on Oath On this ____ Day of October 2008. That the above deposition is true and correct to the best of my knowledge and belief.

          Deponent.

IN THE HONOURABLE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

Application for which urgency is claimed should be submitted the Deputy Registrar before 11 AM and will ordinary be laid before the judge appointed to dispose of application of this class on the day following that on which application is presented

The application may, however, if especially requested and the reasons for the request stated be submitted for orders on the day of presentation. In no case, however, will an application received after 11 a.m. be submitted for orders on the day of presentation.

The Deputy Registrar,

Lahore High Court,

Rawalpindi Bench,

Rawalpindi.

W P No.____________2008

ADI and others

VS

S.H.O P.S ___, and others

Sir,

Will you kindly treat the accompanying petition for quashment of FIR as an urgent one in accordance with the Provision of Rules 9, Chapter 3-A, Rules and Orders of the High Court, Lahore Volume V.

The grounds of urgency are as under:-

STAY MATTER

(name of counsel)

Advocate High Court

C.C. No. ____

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.

W.P NO. ______/2008

ADI etc      VS     S.H.O P.S ____, and others

WRIT PETITION FOR QUASHMENT OF FIR

INDEX

SR. NO. DESCRIPTION OF DOCUMENTS ANNEX PAGES
1. Stamp Paper worth of Rs. 1500/-
2. Writ petition with affidavit 1-14
3. Copy of FIR No. 171 dated 05-08-2008. “A” 15
4. Copy of FIR No. 151 dated 21-07-2008 “B” 16
5.  Copy of FIR No. 56 dated 08-04-2008 “C” 17
6. Application u/s 22-A Cr.P.C with order dated 22-07-2008. “D” 18-27
7. Bail application of petitioners with order dated 03-09-2008 “E” 28-32
8. Bail application in case FIR No. 151 with order dated 02-09-2008. “F” 33-40
9.  Copy of W.P No. 1149/2008 alongwith order dated 25-08-2008 “G” 41-46
10. FIR No. 260 P.S South Chawni, Lahore alongwith Cancellation Report & statement U/s 164 Cr.P.C “H” 47-55
11. Copy of Civil suits filed by respondent No. 3 against the petitioners. “I-A” 56-76
12. Copy of Civil suits filed by petitioners against the respondent No. 3 “I-B” 77-104
13. Exemption petition with affidavit 105-107
14. Stay application with affidavit 108-110
15. Vakalatnama

Petitioner

Through:

(name of counsel)

Advocate High Court

C.C. No. ___

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.

  1. M No. ________/2008

IN

W.P NO. ______/Q of 2008

 

Allah Ditta etc       VS     S.H.O P.S Jatli, and others

WRIT PETITION FOR QUASHMENT OF FIR

PETITION FOR THE SUSPENSION OF THE OPERATION OF THE IMPUGNED FIR.

Respectfully Sheweth,

  1. That the contents of the petition may be read as integral part of this petition.
  2. That the petitioner has prima-facie case and hopes to succeed in it.
  3. That balance of convenience lies in favour of the petitioner.
  4. That if the operation of the impugned FIR is not suspended, the petitioner shall suffer irreparable loss.

In view of above, it is, therefore, most respectfully prayed that till the pendancy of the main petition of quashment of FIR, the operation of the impugned FIR No.171 dated 05-08-2008 P.S ___ may kindly be suspended in the interest of justice.

Petitioner

Through

(name of counsel)

Advocate High Court

C.C. No. ____

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.

  1. M No. ________/2008

IN

W.P NO. ______/Q of 2008

Allah Ditta etc       VS     S.H.O P.S Jatli, and others

PETITION UNDER SECTION 561-A Cr.P.C

PETITION FOR THE SUSPENSION OF THE OPERATION OF THE IMPUGNED FIR.

AFFIDAVIT

That I, ADI son of MSU, resident of Dhoke ______, Tehsil _______, Rawalpindi

DO HEREBY SOLEMNLY AFFIRM AND DECALRE AS UNDER:

That the contents of the above petition for quashment of FIR are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verified on Oath on this _____ day of _____ 2008, that the above deposition is true and correct to the best of my knowledge and belief.

Deponent

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.

  1. M No. ________/2008

IN

  1. P NO. ______/Q of 2008

Allah Ditta etc       VS     S.H.O P.S Jatli and others

WRIT PETITION FOR QUASHMENT OF FIR

APPLICATION FOR EXEMPTION OF CERTIFIED COPIES.

Respectfully Sheweth:-

  1. That the applicant has today filed the above titled petition before this Honourable Court and the contents of the same may kindly be read as integral part of this application.
  2. That the applicant has filed the un-attested copies FIR No.260, statement of the abductee u/s 164 Cr.P.C, discharge report in above said FIR as the original is not available at the moment.
  3. That whenever the original documents would be available, same will be filed.

In the circumstances it is therefore respectfully prayed that the filing of un-attested documents may kindly be dispensed-with, in the interest of Justice.

Petitioner

Through

(name of counsel)

Advocate High Court

C.C. No. ____

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI.

  1. M No. ________/2008

IN

W.P NO. ______/Q of 2008

Allah Ditta etc       VS     S.H.O P.S Jatli and others

WRIT PETITION FOR QUASHMENT OF FIR

APPLICATION FOR EXEMPTION OF CERTIFED COPIES.

AFFIDAVIT

That I, ADI son of MSU, resident of Dhoke _____, Tehsil _____, Rawalpindi

DO HEREBY SOLEMNLY AFFIRM AND DECALRE AS UNDER:

That the contents of the above petition are true and correct to the best of my knowledge and belief and nothing ahs been concealed therein.

Deponent

Verified on Oath on this _____ day of _____ 2008, that the above deposition is true and correct to the best of my knowledge and belief.

Deponent

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