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Money Receipt Format for General Money Transaction RECEIPT RECEIVED  from———————- a sum of Rs———————–/-  (Rupees——————- only) in cash/ vide Cheques No.———————–dated——/—–/20—- drawn on ——————-Branch——————-being the full and final payment/part payment of ———————. It is certified that no dues now remains and I have received the entire payment as due and issuing this receipt voluntarily. I have received ———————–EXECUTANT WITNESSES: —————– Money Receipt Format for a Property Sale I, ——————————-have RECEIVED A SUM OF Rs.—————————– from ———————–on account of the full and final settlement in respect of my property, situated at ———————————with the freehold rights of the land thereto, and the receipt of which I do hereby acknowledge. I will present myself and I undertake to render my all assistance to the purchaser without any further monitory consideration to the purchaser without any monetary consideration. This receipt is executed at —————, on this———————- in presence of the following witnesses. EXECUTANT: —————– WITNESSES:1. ——————2. —————- Money Receipt Format for House Rent RECEIPT RECEIVED from—————————- a sum of Rs———————–/- (Rupees————————– only) in cash/ vide Cheque No.———————–dated——/—–/20—- drawn on ——————-Branch————————being the full and final payment of house rent It is certified that no house rent is dues now. I have received the entire due rent and issuing this receipt voluntarily. I have received ——————–EXECUTANT WITNESSES: ————– Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Civil Appeal Report Format In the Court of Shri ______________________ ___________ Vs. ___________ CIVIL APPEAL Report of the Local ________ Sir, The Local ___________- submits the following report :- That I was appointed as a Local ____________ by this Hon’ble court vide order dated _________ with the directions to visit the spot and to submit the report about the existing position of the suit property alongwith rough site plan after issuing Notice to the parties.As per the directions of this Hon’ble court, I served notices upon the counsels for the parties intimating them to come present on the spot on __________ at about _________. I reached the spot on ________ at __________ and firstly I prepared the memo of appearance of the parties. Both the counsels of the parties were present at the spot. I prepared a rough site plan at the spot which is enclosed herewith this report. I visited the spot and prepared the following report: –1- That I entered into the property in dispute from _________ and I found that there is _____ portion just adjacent to the ________. The property is facing towards the _________side. On the main gate I found ________ and the wall with the main gate. The wall was ___. and the same was newly constructed. I found that there were _____ rooms and _____. There were total pillars on which the _____ is entangled. There were ____ pillars in the middle of the _____ and these rooms were old constructed rooms probably constructed about years ago. I found there was kitchen foundation and wall adjacent to the same was ______ Ft. in height. I found lying dust with the _____ wall of the said property. On the western side I found ____, which were also newly constructed. The _____ wall is the joint wall of Shri ______ and _________. In the _________ side there is _______ land in which ________ is standing. I also found the ____ _______ outside the gate and ______ inside the property and property is bounded as under:-East – _____________West – _____________North – ______________South – ______________ It is, therefore, prayed the Local ____________ report may kindly be accepted in the interest of justice.Dated Local _________. Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

Sample format for earnest money receipt for a  property This earnest money receipt for a property is executed on this ——————-day at, by Sh.————-on ——-at ———————in favor of Sh.—————————————————————————-against the advance sale consideration of his property bearing number ———– The total sale consideration of the property is agreed at  Rs————————.  The earnest money being paid is Rs—————————————————at present against this receipt and the remaining amount of Rs———————shall be paid by the purchaser named above within a period of——————-days/months i.e. on or before ———————————————————–. I hereby agree that after receipt of the total sale consideration, I will execute all the title documents of the property before the authorities concerned as per the date fixed by the purchaser. I agree to clear all the dues pending against the said property within this period, failing which the purchaser will have a right to deduct the said amount from the sale consideration at the time of final payment. It is agreed that if the purchaser fails to pay the sale consideration amount as mentioned above within the time prescribed above, he shall loose his earnest money and if the seller fails to execute the sale deed due to any reasons he shall pay the double amount of the earnest money. SELLER PURCHASER WITNESSES: 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

Quash an FIR Basis Compromise Deed/Agreement There are time and circumstances when after filing an FIR, better sense prevail between the parties and they intend to finish the matter to ensure that no one will have to come to courts and face trail. In that situation it is advisable to enter into a compromise agreement and get the matter quashed from the High Court on the basis of the compromise deed/ agreement. Since only the High Courts have been entrusted with the power to quash an FIR U/S 482 Cr.P.C (as Inherent Powers of the High Court), the parties have to file a joint quashing petition praying that the matter has been amicably settled and therefore the present FIR be quashed. Once the High Court is satisfied that the matter has been amicably settled and justice requires, the High Court can quash the FIR u/s 482 Cr.P.C read with Article 226/227 of the constitution of India irrespective of whether the chargesheet has been filed or not. Section 482 Cr.P.C:- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be:- a. Necessary to give effect to any order under this Code, b. or to prevent abuse of the process of any Court c. or otherwise to secure the ends of justice. Judicial Trend:- In Gian Singh v. State of Punjab (2012) 10 SCC 303 Hon’ble Supreme Court has recognized the need of amicable resolution of disputes , by observing that:- That the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings. In Vinod Singh & Ors. vs State & Anr.; on 29 January, 2016 at Delhi High Court:- Hon’ble Delhi High Court has held that since the misunderstanding that led to the registration of the subject FIR has been amicably resolved by and between the parties without any undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom, FIR Sections 323/308/34 IPC, is hereby set aside and quashed qua the petitioners. In Darshan Khurana & Ors vs The State & Anr; on 4 April, 2016 at Delhi High Court Notwithstanding the fact that the offences under Sections 471/468 IPC are non-compoundable offences, there should be no impediment in quashing the FIR under these sections, if the Court is otherwise satisfied that the facts and circumstances of the case so warrant. Accordingly, an FIR under Sections 406/420/468/471/120B IPC stands quashed against the petitioners. In Sanjay Tripathi vs State & Anr on 10 January, 2017 Delhi High Court An FIR registered under Sections 354/506 of the Indian Penal Code and proceedings emanating therefrom qua the petitioner, be quashed, on the basis that the parties have willfully with free consent has compromised their matter amicably. Bittoo & Anr. vs The State on 29 May, 2017at Delhi High Court An FIR under Section 354/354D/452/323/506/509/34 IPC is quashed against the petitioners. Conclusion: It is a well settled law that where the High Court is convinced that the offences are entirely personal in nature and do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy. Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

This FIR Quashing Compromise Deed is executed on this day  ( Put the date ) at ( Put the place) between the following parties: (Name and address of the complainant)  (Hereinafter referred to as the First Party) AND (Name and address of the Accused ) ( Hereinafter referred to as the Second Party) Whereas the FIR No. _____________,  PS.________________ , U/s __________________________  was registered against the Party No.2 on the information of the Party No.1. The said FIR is still under investigation and charge sheet has not yet been filed in the court/ the charge sheet has been filed in the court at  ( Name of the court with date of hearing if any fixed). And whereas as efforts and attempts were made by the friends and elders as well as the respectable people of the society thereby clarifying all the bonafide mistakes, misunderstandings between the parties. The First Party has thus agreed to withdraw the complaint made against the Second Party and the parties shall make statements before the court or police authorities in this respect as and when required. All the disputes between the parties stands finally resolved and there is no ill will or complaint against each other in any manner. The parties have thus decided to file petition for quashing of FIR on the basis of compromise deed on the following terms and conditions. ( Produce the terms of the FIR Quashing Compromise Deed serial wise here) And whereas this FIR Quashing Compromise Deed has been executed between the parties with their mutual consent and free will without any pressure, force, coercion or undue influence from any side. The parties have decided to end all their disputes fully and to live peacefully. Any complaint by the parties against each other shall stand withdrawn, cancelled and revoked finally after signing of this mutual compromise deed. The present FIR Quashing Compromise Deed is irrevocable and violation of any of the terms of this compromise deed shall be deemed to be violation of the compromise deed. In witnesses whereof, both the parties have signed the present Compromise/Settlement Deed in the presence of following witnesses: Witnesses: First Party Second Party Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Anticipatory Bail Application for Bounced Cheques IN THE COURT OF HON’BLE SESSIONS JUDGE, _____     Application No.________ _____ S/o, D/o, W/o _____ R/o _____ ………….Applicant /Petitioner Versus _____ S/o, D/o, W/o _____ R/o _____      ………….…Respondent/Complainant       Criminal Complaint No. _____     Complaint Under Section ___ of _____    Police Station: _____ First Application Under Section __ For Grant of Anticipatory Bail RESPECTFULLY SHOWETH: 1- That the respondent/complainant filed a Criminal complaint under Section _____ of the _____against the applicant/petitioner regarding bounced cheques amount to ____/- each in the court of _____ Magistrate and due to absence of the applicant/petitioner the Hon’ble Trial court of _____ passed an order on dated _____ and declared the applicant/petitioner proclaimed offender Under section _____ and also passed an order for attachment under Section _____2- That the applicant/petitioner is an innocent and have not committed any offence as alleged by the complainant. The loan amount as alleged by the complainant was duly refund to the complainant but the complainant/respondent with ulterior motive to grab money misused the blank cheques of the applicant/petitioner which were taken by the complainant as security against the loan amount.3- That on the wrong complaint filed by the complainant, the learned trial court of _____ declared the applicant/petitioner proclaimed offender and the police wants to arrest the petitioner. The applicant/petitioner is entitled for anticipatory bail on the following grounds:-a) That the applicant/petitioner never received any legal notice or summons of the learned Trial court neither ever informed about the complaint/case. The above-mentioned complaint was not in the notice or knowledge of the applicant/petitioner.a. That the applicant/petitioner came to know about the above noted case/complaint through _____ who told the applicant/petitioner that a police official came and told about the case but no notice or warrant was served. The applicant petitioner immediately on _____ engaged counsel and came to know about the above-mentioned complaint and proceedings.b. That the proceedings for declare the applicant/petitioner proclaimed offender are illegal and defective as no notice was ever served on the applicant/petitioner nor any notice was pasted neither any person contacted the applicant/petitioner regarding the complaint or orders of the learned trial court.c. That the applicant is _____ and serving at _____d. That the absence of the applicant/petitioner was not intentional or malafide but due to lack of knowledge of the case/complaint or ordere. That there is no apprehension for absconding or evading of taking trial.f. That the applicant/petitioner is well reputed and well educated and prestige of the applicant/petitioner will be reduced in the society if ___ is arrested.g. That the applicant/petitioner undertakes for not to leave India without the prior permission and consent of the Hon’ble court or the trial court.h. That the applicant/petitioner undertakes to abide by all the terms and conditions as imposed by the Hon’ble court in the event of bail.i. That the applicant/petitioner undertakes for not to hamper the bail and ready to furnish the bail bonds of sound amount for the satisfaction of the Hon’ble court.j. That in such type of false cases the bail is rule and refusal of the bail will not serve any purpose.k. That the applicant/petitioner has apprehension and present to believe that _____ may be arrested and if the applicant/petitioner is arrested then there is likelihood that _____ may be harassed.      l. That the bail is rule and refusal of the bail will not serve any purpose. PRAYER:It is, therefore prayed that the applicant/petitioner may kindly be released/granted anticipatory bail and learned court Magistrate may kindly be directed to release the applicant/petitioner on bail in the event of _____ arrestIt is further prayed that interim bail may also kindly be granted to the applicant/petitioner till the final disposal of the application.Dated:       Applicant/Petitioner_____ S/o, D/o, W/o _____ R/o _____ Through counsel: _____ Advocate, _____ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Affidavit Format of Accident Death Claim BEFORE THE _____ CLAIMS TRIBUNAL, ____ `1-…………………………  w/o …………………… .          s/o…………………… 2- ……………………………….  s/o……………………  d/o…………………..  s/o………………………. All residents of _____  District ___  at present Resi………………………………… …………………………………………….PETITIONERS                             VERSUS ………………………………. s/o……………………..  resi……………………………………….. (Driver of the offending vehicle ____ No. ____) ………………………………….. s/o……………………………..  resi………………………… (Owner of the offending vehicle ____ No. ____) _____ vide its Insurance Policy No. ____valid upto ____ issued from ____ branch office service may be effected through its Branch Manager at ____.(Insurer of the offending vehicle ____ No. ____) ………………………………………………………………….RESPONDENTS CLAIM PETITION UNDER SECTION ___  OF THE MOTOR VEHICLE ACT FOR GRANT OF COMPENSATION OF _............................../-  UNDER NO FAULT LIABLITY UNDER SECTION ___ OF ____ Sir The petitioners most respectfully submit as under:- We, the above-named petitioners being the legal heirs/representatives of deceased ____, do hereby apply for the grant of compensation, who died in the roadside vehicular accident caused by the respondent No.1 by driving the vehicle ____ rashly, negligently, carelessly, without observing the traffic rules, without observing the safety of the others at ____ within the jurisdiction of ____ on ____ at about ____. The necessary particulars in respect of the vehicle, deceased etc. are given herein below:- 1- Name & father’s name of the person deceased – ____son of ____ 2- Full address of the person deceased – ____R/o ____ 3- Age of the person deceased – ____ 4- Occupation of the person died – ____ 5- Name and address of employer – ____ 6- Monthly income of the person – ____ 7- Does the person in respect of whom the compensation is claimed pay income tax, if so, state the amount of tax paid ? – ____ 8- Place, date and time of accident – The accident took place on ____ at about ____ at ____ within the jurisdiction of ____. 9- Name & address of the police Station in whose jurisdiction The accident took place and the case Was registered – Police Station____ where the FIR No____ dated ____U/s. ____ IPC was got registered against the respondent No.1 10- Was the person in respect of whom the compensation is claimed was traveling in the motor vehicle involved in the accident – ____ 11- Nature of injuries sustained – ____ 12- Name & address of the Medical Officer, if any, who attended the deceased – ____ 13-Period of treatment and expenditure – if any ? – ____ 14- Registration No. & type of the vehicle involved in the accident. – ____ 15- Name & address of owner of the offending vehicle – ____ 16-Name & address of driver of offending vehicle. – ____ 17-Name & address of the insurer of the offending vehicle. – ____ 18- Has any claim been lodged with the owner /insurer of the offending vehicle – ____ 19- Name & address of the applicants – ____ 20- Relationship with the deceased – ____ 21-Titlte to the property of the deceased – ____ 22-Amount of compensation claimed – ____ 23- Whether the claim petition is within time. – ____ 24-Any other information that may be helpful in disposal of the claim petition – ____ 25-Brief Description of the Accident:-  That on ____ at about ____ the deceased was going to ____ on his ____ and when he reached near ____ in a very slow and moderate speed on the left side of the road meanwhile the respondent No.1 driving the ____ rashly, negligently, carelessly without blowing any horn and in a high speed hit the ____ of the deceased from ____side while coming towards ____ side. Due to the hit the deceased fell down on the road sustained multiple grievous injuries on his ____ and body. The accident has been caused by the negligent and rash and careless driving by the respondent No.1. PRAYER:- It is therefore, prayed that the petition of the petitioners may kindly be accepted and an award of ____ /- (____ only) under section ____ of the ____ along with interest @ ___% p.a. from the date of accident till the date of realization of the amount in full may kindly be passed in favour of the petitioners and against the respondents jointly and severally with costs of the petition. It is further prayer that an award of ____ /- under section____ of the ____ Act, under No Fault liability may also kindly be passed in favour of the petitioners and against the respondents jointly or severally.                                                                                                                                                                                         PETITIONERS Through counsel ____ Advocate, ____ VERIFICATION Verified that the contents of our above petition from Para No.1 to 25 are true and correct to the best of our knowledge and belief. The last Para is the prayer before this Hon’ble TribunalVerified at ____ on __________                                                                                                                                                                                         PETITIONERS Download Word Document In English. (Rs.40/-) Download PDF Document In Marathi. (Rs.40/)

FORMAT OF FIRST APPEAL BEFORE DISTRICT JUDGE IN THE COURT OF THE LD DISTRICT JUDGE AT ALIPORE CIVIL APPELLATE JURISDICTION REGULAR FIRST APPEAL TITLE APPEAL NO………………………………. APPEAL ARISING OUT OF THE IMPUGNED  ORDER  DATED 5.2.2018 PASSE IN THE TITLE SUIT NO 976 OF 2017 BY THE LD 1ST CIVIL JUDGE [JR DIV] AT ----------- IN RE :  -------------------- s/o                                         ………..Appellant VS --------------------s/o  Murendar Ch Saha , …….Respondent VALUE OF THE APPEAL RS  200/- MEMO OF APPEAL ON BEHALF OF THE APPELLANT FOR REGULAR FIRST APPEAL Being aggrieved and dissatisfied with the Order under Order 7 rule 11 of the Civil Code dated 9.2.2018 passed in the above Title suit by the Ld 1st Civil Judge [Jr Div] in ----------------------, the appellant above named begs to prefer this Memo of Appeal on the following amongst other:- G R O U N D S 1. For the impugned Order of the Trial Court are against the settled principle of law, Evidence and probabilities of the case. 2. For the Ld Court below has been pleased to dismiss the suit by the way of rejection of plaint on the contrary Ld Court ought to have decreed the suit. 3. For the Ld Court below has failed to appreciate the scope, extent and propriety of the suit in its proper perspective. 4. For the Ld Court below has failed to appreciate the status of the parties in their proper perspectives. 5. For the Ld court below has failed to appreciate the factum of fraud as a cause of action for bringing the Title Suit. 6. For the Ld trial Court did not apply its Judicial mind at the time of passing the impugned Order for rejecting the Plaint under appeal. 7. For the Ld Court below has failed to appreciate the legal connotation of certain interpretations such as : Superior Court / higher forum Cause of action and continuous/running cause of action Fraud as an ingredient of the cause of action Constructive Res-Judicata as not applicable in the Impugned Title Suit ‘Substratum’ of a  Suit and Playing Fraud with the Substratum  of a Suit Equity relief 8. For the Ld Court below has erred in law and in fact in dismissing the suit on the rejection of plaint under Order 7 Rule 11 of the Civil Code  while holding the following proposition of Law : “ No Law authorized this court to set aside the Judgment of decree passed by any higher forum “ —–[ A Civil Court of Seniour Division is not higher forum and above a civil court of junior Division, is my humble submission]. Section 34 of the Specific Relief Act has no application for setting aside a Judgment and Decree passed by any court ….[On the ground of fraud any judgment can be challenged and declared to be set aside by an independent declaratory suit is my submission ] All issues as preliminary issues in a Suit for the specific performance of the contract  in T.S no 25 /2007 “ were involved”  in the dismissed Suit ….[ The issues on merit of the matter which may arise between the parties would not be within the realm of the Court at the stage of  an Order 7 rule 11 application is the ratio in  Kamala and Ors  vs  T Eshwara Sa and Ors (2008) 12 SCC 661, as relied by the appellant and mis-applied by the trial judge as partially appreciated , is my humble submission] The suit is barred by Constructive Res judicata …[ Order 7  R 11(d) , the ratio in  Kamala and Ors vs K.T Eshwara Sa and Ors (2008) 12 SCC 661 goes against the impugned proposition  held by the Ld Trial judge, is my submission] 9. For that, the impugned Order under appeal is mis-conceived , speculative and non application of law and mind, and result of cursive non- heartful reading of the Plaint and relief as prayed thereby. 10. For that, the impugned order under this appeal is otherwise bad and cannot be sustained in law And Therefore, the Suit under this appeal shall be restored and decided against the Respondent after setting aside the impugned Order passed in 5.2.2018 in T.S No 976 of 2017. Certifying th at the grounds taken above are good grounds for admitting this appeal                                                                              ADVOCATE DATE:- Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Q uashing  of F.I.R/Charge Sheet under sec. 498 A , sec.3 &4 of Dowry prohibition Act  =  mere general sweeping allegations against the relatives of husband  in order wreck vengeance, never fasten criminal liability against them - criminal case is an abuse of court proceedings and are liable to be quashed  = Download Word Document In English. (Rs.85/-) the High Court while exercising jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings can scrutinize the allegations leveled in the complaint for the purpose of arriving at the conclusion whether they are designed to harass the family members of the husband of the de-facto complainant and to wreak vengeance  against them owing to the differences of the de facto complainant with her husband.   Merely because there are some general and sweeping allegations against  the accused in the complaint, the Court is not precluded from scrutinizing the allegations while exercising jurisdiction under Section 482 of the Code of Criminal Procedure for the purpose of quashing the proceedings. The law does not mandate that when there are certain allegations, the Court while acting under Section 482 Cr.P.C. is not supposed to scrutinize them and it has to simply allow the trial to be proceeded with before the trial Court for the purpose of deciding the truth or otherwise of the allegations mentioned in the complaint/charge sheet. In the instant case, the allegation that A2 to A.12 have been instigating A1 to harass her and that in connection with the birth of the male child, they visited the house of the second respondent and there, all the accused demanded dowry of Rs.2,00,000/- is quite un-convincing and appears to have been made purposely and designedly to involve A2 to A12 in the case filed by the second respondent/de facto complainant.   If there is any harassment meted out by the first accused, the second respondent is not supposed to make all his relatives accused in the complaint by alleging in general terms that they committed offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.   Such a course shall not be encouraged. If A2 to A-12 are allowed to face trial basing on such sweeping and general allegations, in my view, it is nothing but abuse of process of law and ultimately it would result in miscarriage of justice causing undue hardship and agony to A2 to A12. 25.     For all the aforesaid reasons, I am of the view that it is a fit case to quash the proceedings against A2 to A12 since apparently they have been made as   accused only on account of their relationship with A1.   Therefore, the entire proceedings in C.C.No .87 of 2009 on the file of the Judicial First Class Magistrate, Penugonda insofar as the petitioners 2 to 12/A2 to A12 concerned are hereby quashed. Insofar as the petitioner No.1/A-1 is concerned, the criminal petition is dismissed. 26.     As indicated above, the criminal petition is partly allowed. THE HON'BLE MR JUSTICE R. KANTHA RAO          Crl.P.No .9407 of 2009 06.09.2012  Y.Sham Kumar and others    State of A.P. and another Counsel for the Appellant: Sri M.V.Swamy                                   Counsel for respondent No.1: Addl.Public Prosecutor Counsel for respondent No.2: Sri K.Maheshwara Rao   HEAD NOTE:     ? Cases referred: 1 AIR 1992 SC 1379   2 2007(12) SCC 369   32008AIR SCW 6901     4 1988(1)SCC 692   5 1992 Supp.(1) SCC 335   6 (2010) 7 SCC 667  ORDER:           This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No .87 of 2009 on the file of the Judicial First Class Magistrate, Penugonda. 2       I have heard the learned counsel appearing for the petitioners/accused, second respondent/de facto complainant and the learned additional Public Prosecutor representing the first respondent/State. 3.      The brief facts of the case which is sought to be quashed are that the second respondent/wife filed a private complaint against the petitioners under Section498-A, 420 IPC and Sections 3 and 4 of the Dowry Prohibition Act in the Court of the Judicial First Class Magistrate, Penugonda, Ananthapur District. The learned Magistrate forwarded the case to the Station House Officer, Puttaparthy Police Station under Section 156 (3) Cr.P.C for investigation and report. The police after conducting investigation filed charge sheet against the petitioners under Sections 498-A, 420 IPC and Sections 3 and 4 of the Dowry Prohibition Act. 4.      Shortly stated, the averments made in the complaint petition are that the marriage of the second respondent with the first petitioner was solemnized on 19.05.2006 at Puttaparthi at her parents' house.   Before the marriage, it is said that all the petitioners represented to the second respondent and her parents that the first petitioner was an engineering graduate and was working as Engineer.   They demanded a sum of Rs.2,00,000/- dowry and 20 tolas of gold which  was given by the second respondent's father to the first petitioner at the time of marriage.   The marriage was consummated and the second respondent found that   A1 was not doing any job and he is also not an engineering graduate.   When the second respondent questioned the first petitioner about the same, all of them got offended and told her to leave their house.   Having no other option, she returned to her parents' house and started living at Puttaparthi. 5.      Subsequently, it is said that the first petitioner came to her parents' house, requested the second respondent to excuse for mis-representation made and  requested to lead a peaceful life.  The second respondent pardoned him and started leading conjugal life with him at her parents' house at Puttaparti. Later on, the first petitioner got a job at Yadiki, Ananthapur District as Junior Engineer in a cement factory.   He had put up family at Yadiki and started harassing the second respondent.   It was alleged by the second respondent that the first petitioner used to tell her that he had illicit intimacy with his sisters-in-law and some other women, he used to talk to his sisters-in-law over phone (A3 and A7) hours together, A3 and A7 used to write letters to A1 stating their illicit intimacy with him and A1 used to hand over the said letters to the second respondent and was insisting upon her to go through the letters, and on refusal by her, he used to beat her. 6.      Some time thereafter, the first petitioner secured employment in West Africa and left for West Africa.   Later, the second respondent gave birth to a male child on 23.04.2007.   After the birth of the said male child, all the petitioners/accused visited her parents' house at Puttaparthy under the guise of seeing the new born child.    At that time, all the accused insisted upon the mother of the second respondent to pay an amount of Rs.2,00,000/- as additional dowry to A1, who was intending to go to West Africa for securing job.   When the second respondent and her father expressed their inability to pay the said amount, the accused threatened that they will desert the complainant and unless the amount demanded is paid, they will not visit the second respondent and so saying, all the accused went away. 7.      Subsequently, the second respondent learnt that the first accused having secured job in West Africa, left for that place during May, 2007. From there, A1 wrote some letters to the complainant admitting all his misdeeds during the matrimonial life.  In number of letters, he admitted that he used to starve the second respondent and resorted to beat her for no fault of her.  Subsequently, when her father fell sick, the second respondent requested A1 to visit his father, but he refused to come to Puttaparthy on the ground that his father did not pay the amount which was demanded by him.    8.      Subsequently, the father of the second respondent died on 29.01.2008 and the 1st accused came down to Puttaparthy and started living with the second respondent at her parents' house at Puttaparthy.  It is alleged that on the instigation of the remaining accused, the first accused continued harassment by abusing and beating her.  Some Panchayat was convened before the elders, which  was found to be futile and the second respondent states that under the aforesaid circumstances she filed a private complaint before the Magistrate. 9.      In the complaint filed by her, the second respondent made all the relatives close and distant of the first petitioner as accused. 10.     Learned counsel appearing for the second respondent placed the statements  of LWs1 and 2 recorded by the police before this Court and those statements reveal that the first accused has been harassing the second respondent on the instigation of the remaining accused.  It is also mentioned therein that when all the accused came to the parents of the second respondent to visit the new born child demanded an amount of Rs.2,00,000/- as additional dowry. 11.     Basing on the said statements and also the allegations levelled in the complaint petition, the learned counsel appearing for the second respondent contends that the truth or otherwise of the allegations has to be decided in the course of the trial after the evidence was let in before the Court, since the allegations prima face disclose the involvement of all the accused in the commission of offence, the complaint is not liable to be quashed. 12.     The learned counsel appearing for the second respondent invited my attention to the decision of the Supreme Court in  SMT CHAND DHAWAN v JAWAHR LAL        AND OTHERS1 wherein the Supreme Court held that:     "when the allegations in the complaint prima facie constitute the offence against any or all of the accused in the absence of materials on record to show that the continuance of the proceedings would be an abuse of the process of the court or would defeat the ends of justice, the High Court would not be justified in quashing the complaint." 13.     He further relied on a decision reported in PRATIBHA v RAMESHWARI DEVI AND      OTHERS2  wherein the Supreme Court held as follows:   "Filing of a divorce petition in a civil court cannot be a ground to quash criminal proceedings under Section 482 Cr.P.C. as it is well settled that criminal and civil proceedings are separate and independent and the pendency of a civil proceeding cannot bring to an end a criminal proceeding even if they arise out of the same set of facts." "From a plain reading of the findings arrived at by the High Court while quashing the FIR, it is apparent that the High Court while exercising its inherent powers under Section 482 Cr.P.C. has gone beyond the allegations made  in the FIR and has acted in excess of its jurisdiction and, therefore, the High Court was not justified in quashing the FIR by going beyond the allegations made in the FIR or by relying on extraneous considerations." 14.     Relying on the aforesaid judgments, the learned counsel appearing for the respondent No.2 would contend that in the instant case, the fact that the first petitioner filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and obtained a decree is not a ground to quash the criminal proceedings in the present case.  He would further contend that since the allegations made in the complaint prima facie constitute the offences punishable under Sections 498A, 420 IPC and Sections 3 and 4 of the Dowry  Prohibition Ac, the complaint is not liable to be quashed. 15.     On the other hand, the learned counsel appearing for the petitioners would contend that only certain omnibus allegations have been made against the petitioners in the complaint, the police without conducting proper investigation mechanically filed a charge sheet which is nothing but reproduction of the contents of the complaint which was forwarded by the Magistrate, the Court can go into the question whether the criminal proceedings initiated would result in abuse of process of law and if they are allowed to continue, they would cause miscarriage of justice and on such scrutiny, according to the learned counsel, this is a fit case to quash the proceedings in exercise of powers under Section 482 Cr.P.C. 16.     The crucial question to be determined in the criminal petition therefore is when there are certain allegations levelled against the accused in the complaint petition whether the court in exercise of jurisdiction under Section 482 Cr.P.C. can go in to the correctness of the allegations to decide the question as to  whether the criminal proceedings initiated are abuse of process of Court and whether they would result in miscarriage of justice if the accused are made to face the trial of the case. 17.     In this case, it is true that the complaint petition filed by the second respondent/de facto complainant was forwarded by the Magistrate to the police under Section 156(3) Cr.P.C for investigation and the police after conducting investigation filed charge sheet.   It is also a fact that the learned Magistrate took cognizance of the offences under Section 498A, 420 IPC and Sections 3 and 4 of the Dowry Prohibition Act against all the accused.   Under these circumstances, therefore, it is required to be examined whether this Court can scrutinize the allegations levelled in the complaint so as to take a decision as to whether the proceedings are in fact abuse of process of Court and if they are allowed to continue would result in miscarriage of justice. 18.     In GORIGE PENTAIAH v STATE OF A.P. AND OTHERS3  the Supreme Court held as           follows: "Inherent powers under Section 482 Cr.P.C. though wide have to be exercised sparingly, carefully and with great caution and only when such exercise is justified by the tests specifically laid down in this section itself.  Authority of the court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the Court, then the Court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the Statute." It is further held as under: "The High Court should normally refrain from giving a prima facie decision in a case where all the facts are incomplete and hazy; more so, when the evidence has not been collected and produced before the court and the issues involved, whether factual or legal, are of such magnitude that they cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceedings at any stage." 19.     Similarly in MADHAVRAO JIWAJIRAO SCINDIA AND OTHERS v SAMBHAJIRAO               CHANDROJIRAO ANGRE AND OTHERSS 4   the Supreme Court observed as follows:            "The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the un-controverted allegations as made prima facie establish the offence.  It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue.  This is so on the basis that the court cannot be utilized for any oblique purpose and where in the opinion of the court chances of an ultimate conviction is bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage." 20.     In STATE OF HARYANA AND OTHERS v BHANJAN LAL AND OTHERS5 the Supreme Court                 expressed the view that: "Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused, then the proceedings are liable to be quashed."          The Supreme Court further held that: "Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge., the proceeding is liable to be quashed". 21.     From the legal position which emerges out of the aforesaid judicial pronouncements, it is therefore, obvious that the High Court while exercising jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings can scrutinize the allegations levelled in the complaint for the purpose of arriving at the conclusion whether they are designed to harass the family members of the husband of the de-facto complainant and to wreak vengeance  against them owing to the differences of the de facto complainant with her husband.   Merely because there are some general and sweeping allegations against  the accused in the complaint, the Court is not precluded from scrutinizing the allegations while exercising jurisdiction under Section 482 of the Code of Criminal Procedure for the purpose of quashing the proceedings. The law does not mandate that when there are certain allegations, the Court while acting under Section 482 Cr.P.C. is not supposed to scrutinize them and it has to simply allow the trial to be proceeded with before the trial Court for the purpose of deciding the truth or otherwise of the allegations mentioned in the complaint/charge sheet. 22.     In PREETI GUPTA AND ANOTHER v STATE OF JHARHAND AND ANOTHER6 the Supreme                  Court held as follows: "It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including the Supreme Court are flooded with matrimonial cases.  This clearly demonstrates discontent and unrest in the family life of a large number of people of society. It is a matter of common experience that most of these complaints under Section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations.  It is seen that a large number of such complaints are not even bona fide and are filed with oblique motive.  At the same time, rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern. The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fibre of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints. ---The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases." The allegations of harassment by the husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant wife resided would have an entirely different complexion.  Such allegations of the complainant are required to be scrutinized with great care and circumspection." 23.     Now, turning to the facts of the present case, the second respondent-de facto complainant implicated all the relatives close and distant of her husband as accused in this case and only some general and sweeping allegations, which are referred above have been made against A2 to A.12.  If we examine the crux of the complaint petition, it seems that the grievance of the second respondent is mainly against the first petitioner/husband. 24.     It cannot be accepted that all the accused collectively represented that the first accused is an engineering graduate and is working as an Engineer.  The fact which cannot be disputed is that the first accused has a diploma in Engineering.  Ultimately, he secured a job in a cement factory at Yadiki as Junior Engineer. The second respondent herself stated in the complaint petition that after the first accused revealed these facts to her, she condoned his representation and started living with him and gave birth to a male child. Subsequently, the first accused secured employment in West Africa as an Engineer  and worked there for some time.  Therefore, what all can be understood from the facts of the case is that even if there is any representation made that the first accused is an Engineering graduate and was working as an engineer, it was by the first accused himself, but not by all the accused.  Even if there is any demand for dowry, from the facts and circumstances of the case, it must have been from the first accused, but not from all the other accused who are the relatives of the first accused.  It can be clearly understood from the nature of the allegations levelled in the complaint that A2 to A.12 have been implicated in this case only for the sole reason that they are related to the first accused.   The Apex Court in Preethi Gupta (6th cited supra) observed that the allegations in the complaint have to be scrutinized with great care and circumspection especially when they are made against the husband's relatives. The Supreme Court also held that there is a need for serious re-look at the entire provision of Section 498-A IPC, and it made recommendation to the Parliament to revisit the said provision.   In the instant case, the allegation that A2 to A.12 have been instigating A1 to harass her and that in connection with the birth of the male child, they visited the house of the second respondent and there, all the accused demanded dowry of Rs.2,00,000/- is quite un-convincing and appears to have been made purposely and designedly to involve A2 to A12 in the case filed by the second respondent/de facto complainant.   If there is any harassment meted out by the first accused, the second respondent is not supposed to make all his relatives accused in the complaint by alleging in general terms that they committed offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.   Such a course shall not be encouraged. If A2 to A-12 are allowed to face trial basing on such sweeping and general allegations, in my view, it is nothing but abuse of process of law and ultimately it would result in miscarriage of justice causing undue hardship and agony to A2 to A12. 25.     For all the aforesaid reasons, I am of the view that it is a fit case to quash the proceedings against A2 to A12 since apparently they have been made as   accused only on account of their relationship with A1.   Therefore, the entire proceedings in C.C.No .87 of 2009 on the file of the Judicial First Class Magistrate, Penugonda insofar as the petitioners 2 to 12/A2 to A12 concerned are hereby quashed. Insofar as the petitioner No.1/A-1 is concerned, the criminal petition is dismissed. 26.     As indicated above, the criminal petition is partly allowed.

Please note your quarry itself has the ground for condonation of delay..   Yet first check up the following things to pray for certain period of delay... a/  date of passing of impugned order.  b/  Date of receipt of order - free of cost as it is provided in the Act itself.  c/  Deduct first day of pronouncement of order  d/ than calculate  the period spent during  pronouncement and receipt of copy of order.  e/ than  deduct  these days plus the day of pronouncement of order from 30 days... and  f/  than see how much delay is there in filing of the appeal.  Please also See. case law AIR 1987 SC 1353 - on the issue –  Collector Land Acquisition Anantnag and anr Vs. Mst. Katiji and ors.  and 169 (2010 )  Delhi Law times, 630  Delhi High court –  Jyotsana Sarda Vs. Gaurav Sharda  Crl. Rev. P. No. 132 of 2009 decided on 22.12.2009. and AIR 1996 SC  and 1998 (2) Judicial Reports SC  ..  those can also give proper help to you. Rough Draft... In the court of Case No. title                  Vs....... Application u/s 28 DV Act r/w section 5 of Limitation Act, praying to condone the delay.  1. That  the applicant is filing the accompanying appeal against the impugned order dt....... passed by ....... in DV case no...........of ............... .  2.  that the appeal is pending adjudication before this Hon'ble. Contents thereof are not being reproduced here for brvity sake as such be read as part of this application.  3. That the applicant prays that a delay of ...........days , in filing the appeal may please be condoned, in the interest of justice on the following grounds....    a.  The brief was with the counsel , who sufferred illness from...........to ...................... and thereafter for some urgent personal work, the counsel left for....................... and was not attending the office during this period.  The counsel returned back on .....................and thereafter upon  reading  the  impugned order, the present appeal was got drafted immediately.  The same is being filed thereafter, without there being any further delay. Affidavit of counsel in support is also enclosed.  b.   The re are genuine grounds of attack to the impugned judgment/order of ld. trial court and if the delay is not condoned, and the appeal is not heard on merits, the applicant would be put to sufferr irreparable loss , which could not be compensated with other relief.  c.  That on the contrary, if the delay is condoned , by compensating the other side with costs, at least the matter shall be decided on merits and that in no case would be prejudicial to the rights of the opposite party.  d.  There are sufficient and good cause for condoning the delay, occassioned due to aforesaid bonafide reasons beyound control of the applicant. Hence the application deserves success, in the interest of justice, equity and fair play, as it is well settled that the proceedural law should not be resorted to defeat rights of the parties to get their appeal/case  considred/ decided  on merits..  e/  That it is further a well settled that no litigant should be put to suffer for the lapse of his counsel. In view of the above facts and circumstances , it is most humbly prayed that the delay, if any, in filing the present appeal may please be condoned and the appeal may please be decided on merits, in the interest of justice, equity and fair play.  Any other relief which this HO;ble court deems fit and proper be also passed. Affidavit enclosed Applicant    Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Format For Grant of Anticipatory Bail in Case under Section of Electricity Act Police Station IN THE COURT OF HON’BLE SESSIONS JUDGE, ___________ Application No.________ of _______ ______ son of _________ R/o ____________, ________, __________ …Applicant/Petitioner. Vs. State of __________ ………….…Respondent. 1st Application Under Section ___ ___ For Grant of Anticipatory Bail in Case FIR No.___ dated ____ Under Section ___ of Electricity Act Police Station ________. Sir, The applicant/petitioner most respectfully submit as under: – 1- That the applicant/accused has been falsely implicated in the above noted case by the S.D.O., _____, _________ and on the instance of the SDO, the said police registered the said case against the applicant/accused. The applicant/accused is an innocent person and has no concern with the alleged offence as alleged by the said police. 2- That the said SDO ______, imposed the penalty of Rs. _______/- on dated __________ vide Memo No. _______ dated _________. 3- That the applicant has deposited the penalty amount of Rs. ______/- on dated ________ in the office of S.D.O. , __________. The photocopy of the receipt is enclosed herewith. 4- That the applicant/petitioner is entitled for bail on the following grounds :- Grounds of Bail: (a) That the applicant/petitioner has already deposited all the amount of penalty before the office of __________. The photocopy of the same are enclosed herewith. (b) That now the police of P.S. _______, _________ and is visiting the house of the applicant and is unnecessarily harassing the applicant. (c) That the applicant/petitioner undertakes to join the investigation as and when required by the police of police Station ________, ___________. (d) That there is no apprehension for absconding or evading of taking trial. (e) That the applicant/petitioner undertakes not to temper with the evidence or witnesses. (f) That the applicant/petitioner undertakes for not to leave India without the prior permission and consent of the Hon’ble court. (g) That the applicant/petitioner undertakes to abide by all the terms and conditions as imposed by the Hon’ble court in the event of bail. (h) That in such type of false cases the bail is rule and refusal of the bail will not serve any purpose. It is, therefore prayed that the applicant/petitioner may kindly be released/granted anticipatory bail and the SHO concerned/ I.O. of concerned police station _______, _________ may kindly be directed to release the applicant/petitioner on bail in the event of his arrest Dated :_____ Applicant/Petitioner ______ son of Shri _______ R/o  ________, _____________ Through counsel: ____________, Advocate, _________ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Drafting of a Plaint   Drafting of plaint on any issue is considered as most important in order to file the suit in the court and in this plaint drafted for the injunction on the use of unused land as a dumping area by the resident of ---------New Delhi that leads to health problem of the plaintiff due to huge collection of waste material and bad smell all the time.                                      IN THE CIVIL COURT  AT                                                          Suit  No.  of 2020 Abhinav Sharma ……… Plaintiff                                                                                      V. Sharmistha Sharma Malviya Nagar, New Delhi Defendant   Suit for the Injunction On the use of Unused land as a dumping area The Plaintiff submitted as under:The plaintiff is a resident of -----------Delhi, and the Defendant is a neighbor of the plaintiff.Unused land is near the house of the plaintiff, which is used by the resident of B106 i.e. defendant as a dumping yard for the waste material of her house.That the Defendant was all the time throwing the waste material in that unused land near the house of the plaintiff.Since a very long time of being used as a dumping yard by the defendant, there is a collection of huge waste material that leads to the health problem of the plaintiff.That the court has jurisdiction on this matter to fix an injunction on the use of unused land as a dumping area as it restricts his free movement and also leads to affect health due to defendant action.Prayer:It is Prayed that a decree for the injunction is passed in favor of the plaintiff against the defendant. And some other relief as the court thinks fit.  Signature Date:  04/02/2020                                                                                (Abhinav Sharma) Verification: In the above-named plaintiff do hereby verify that the contents of the paras no. 1,2,3 and 4 are true to my knowledge and the contents of remaining paras are according to legal advice from my advocate which I believe to be true. Place :   s/d of Plaintiff Download Word Document In English. (Rs.20/-)