Petition to quash case
Querist :
Anonymous
(Querist) 29 May 2011
This query is : Resolved
I would like to know the consequences attached to a case that took place in 2008 whereby a false criminal case was filed under section 482 of the code of Criminal Procedure under sections323,342,294(b), 506(1), 384 and 34 IPC. The case has just come up for hearing and has been referred to the HC. Apparently during this period, arbitration proceedings took place and an amicable settlement took place among partners of a firm. an award was also passed and contained clauses indicating that all partners agreed to withdrawal of all cases both criminal and otherwise against each other. What are the possibilities for the case to be quashed and a stay order obtained? let me know
Querist :
Anonymous
(Querist) 29 May 2011
Thank you very much for your Comments Arun, appreciated!!
Guest
(Expert) 31 May 2011
Yes, definitely it will be quashed.
Querist :
Anonymous
(Querist) 16 June 2011
The case came up for hearing and the judge
requested that the respondents counsel appear before him to probably confirm the authenticity of the case from the respondents view point. Subsequently the counsel for the respondent requested that an official notice be sent to the respondent by the HC. Although the judge mentioned Personal messenger the order contained that a notice be sent by Speed Post, which has now been done.
I would like to Know a) Is it possible that the respondent can object to the agreement and award passed by the arbitrator and inform the judge that he wants to pursue the criminal cases that was falsely filed by him - The sections filed under 323, 342, 294(b) 506 (1) 384 and 34 IPC.
While the award was passed the respondent also issued a letter to the local Police station where the crime was officially registered indicating and requesting that he is withdrawing the case, all the relevant facts are also mentioned in the deed of retirement.
Appreciate if you will be kind enough to advise what we can look forward to in this case in the absence of it not being quashed!
Regards
