Quashing 498a,406,420 case? Pls answer
Querist :
Anonymous
(Querist) 02 August 2011
This query is : Resolved
I talked to few lawyers and came to know that my 498a, 406 FIR is very much quashable. Few said Quashing is not so easy as it requires much presentation skills.
1. Is experience and rappo of a lawyer counts in quashing a FIR or need a presentation skills?
2. Are there any attachments needed from the accused to file a quashing petition?
3.Quashing depends on the what?
chargesheet or FIR or Oral Complaint?
4. How many quashing petions needed for the accused?
For In-laws and relatives - 1?
For mother and father - 1?
For self -1?
or every thing can be quashed within one blanket petition?
Awaiting your valuable answers.......
Arvind Singh Chauhan
(Expert) 02 August 2011
1. Quashing depends upon Only facts of the case, legal knowledge and skill of lawyer.
2. Petitioner can attach any material with petition if it may favour his/her innocence.
3. One petition may be filed by all the accused but it is not necessary that whole FIR is quashed, proceeding only against some accused may be quashed.
THANKACHAN V P
(Expert) 02 August 2011
2010 (3) KLT Suppl. 118 (SC)
Hon'ble Mr. Justice P. Sathasivam & Hon'ble Dr. Justice B.S. Chauhan
State of Maharashtra v. Arun Gulab Gawali
Crl. A. No.590 of 2007
Decided on 27th August, 2010
2010 (3) KLT Suppl. 118 (SC) : 2010 AIR SCW 6462 : JT 2010 (9) SC 142 : 2010 (95) AIC 191 (SC)
Criminal P.C. 1973, S.482 -- Powers of High Court in quashing -- Powers should be exercised sparingly and in rarest of rare cases -- Court cannot consider reliability or genuineness of allegations in F.I.R.
Held : Power of quashing criminal proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of allegations made in the F.I.R./Complaint, unless the allegations are so patently absurd and inherently improbable so that no prudent person can ever reach such a conclusion. (Para.12)
..........................................................................................
13. In R.P. Kapur Vs. State of Punjab AIR 1960 SC 866, this Court laid down the following principles :-
(I) Where institution/continuance of criminal proceedings against an accused may amount to the abuse of the process of the court or that the quashing of the impugned proceedings would secure the ends of justice;
(II) where it manifestly appears that there is a legal bar against the institution or continuance of the said proceeding, e.g. want of sanction;
(III) where the allegations in the First Information Report or the complaint taken at their face value and accepted in their entirety, do not constitute the offence alleged; and
(IV) where the allegations constitute an offence alleged but there is either no legal evidence adduced or evidence adduced clearly or manifestly fails to prove the charge.
19. In Madhavrao Jiwaji Rao Scindia & Anr. Vs. Sambhajirao Chandrojirao Angre & Ors. AIR 1988 SC 709, this court held as under :-
"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 uncontroverted 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 utilised 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." (Emphasis added).
Querist :
Anonymous
(Querist) 02 August 2011
Do you suggest me to go with one Quash petition for the accused#1 including the other accused? (The accused are really do not deserve the allegations and charges
because they never stayed with the Accused#1.
more over they requested the complainant couple of times through phones to come back and restitute the conjugal rights as they never dream of any court cases).
Can any one suggest me an efficient Quashing Expert in Andhra Pradesh high court?
Raj Kumar Makkad
(Expert) 02 August 2011
None can suggest you either to go for quashing or not without going through entire material of the case under discussion.
Raj Kumar Makkad
(Expert) 02 August 2011
None can suggest you either to go for quashing or not without going through entire material of the case under discussion.
Querist :
Anonymous
(Querist) 02 August 2011
Yes makkad Sir. I strongly agree that, But Iam re-asking the expert Arvind to confirm that
Can I go ahead with single Quash petition for Quash.
More over if you can help me out with second question :
Can any one suggest me an efficient Quashing Expert in Andhra Pradesh high court?
Its really happy for me.
If you provide me your personal email i can send you my FIR copy for real facts of the case.
M/s. Y-not legal services
(Expert) 03 August 2011
How many quash petition is to be filed? Its depends upon your plea.. Even petition is enough.. In some circumstances if you filed a single petition on behalf of all accused mean its will be against you. For examples if the case is husbandand total family members include inlaws are harassed the wife. But the true fact is one of the sister of husband got love marriage and got out from house, all family members avoiding her, right now she don't have contact with the family members mean, here you can't file single petition on behalf of her self also. If she filed a separate petition as so far as her concern only mean its will be some more strengthly. My example for an illustration only.. Need Not to be treat as mandatory.
M/s. Y-not legal services
(Expert) 03 August 2011
If your case before trial court is just as a f.i.r stage mean your prayer night be for quash the impugned f.i.r In case if charge sheet filed mean your prayer might be for quash ing the impugned charge sheet.
Querist :
Anonymous
(Querist) 03 August 2011
hey tom . Thanks a lot. Your exemplifying is valid and point to be taken.
And also thanks for the point to point answering.
If my single petition of quashing FIR(all innocent accused including the accused-1 called husband) got failed/rejected then what to do?
Raj Kumar Makkad
(Expert) 04 August 2011
You may send copy of FIR and relevant material on my mail ID:
mehrunifhussain@gmail.com
Querist :
Anonymous
(Querist) 04 August 2011
Makkad sir?
The email ID given by you is
yours or your junior's or some other's ?
Could i know whose email ID is that?
Querist :
Anonymous
(Querist) 04 August 2011
Makkad sir.
I have just checked your profile.
i came to know your expertise and the other info.
I will soon send the FIR copy to you to take your warm help.
Thanks in advance.
