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Rohit (Legal)     25 June 2019

Quashing of fir

Hi All,

A case has been filed against Husband and his family U/s 498A, 34, 406, 323 and 341 IPC by the wife. At the time of charge, Husband and family members were dischaged in most of the Section by the Trial Court which was challanged by the Wife by way of Revison in Revision(Session) Court and the Revision Court dismissed the revision petition of wife.

Now, Husband is being tried U/s 406, 34 and 342 IPC and family members are being tried U/s 342 and 34 IPC.

can we move to the High Court for quashing of Proceedings/FIR. However we had decided to go for the same but then someone advised that High Court may in their wisdom may restore the section that have been discharged as they have inherent power to do so.

please advise as this family who has won 90% of the case is still suffering as they have to face trial at Trial Court.

please suggest some remedy

thanks a lot

 



Learning

 1 Replies

Rohit (Legal)     25 June 2019

Hi Sir,

we want to approach High Court U/s 482 CRPC. i am ok if we move a petition U/s 482 and it gets dismissed but atleast it would be worth a try but i am scared of the thought that High Court may revise the Sections which has been dischaged by the Trial Court and ratified by Session Court

Can high Court revise the section? please reply

thanks

 


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