Petition under Section 561-A CrPC read with Article 199 of the Constitution to quash an FIR that discloses no cognizable offence or amounts to abuse of process.
When to use this draft
Use where the FIR on its face discloses no offence, the dispute is purely civil, or the criminal process is being used to pressurise a party.
Essential contents
- Complete FIR text reproduced or annexed
- Demonstration that no cognizable offence is disclosed
- Pending civil litigation between the same parties, if any
- Abuse of process of law pleaded
- Prayer for quashment and stay of proceedings
Drafting notes
- The strongest ground is that the controversy is contractual and already the subject of a civil suit.
- Attach the civil suit pleadings to show parallel proceedings.
- Quashment is refused where disputed questions of fact require evidence - keep the argument on the face of the record.
Adapt before filing
This is a structural template, not advice on your matter. Facts, dates, valuation, jurisdiction and the prayer must be settled by a lawyer licensed to practise in Pakistan.