Quash 482 for 498a case in SC
wifebetrayed
(Querist) 10 April 2011
This query is : Resolved
Can person file for quash of FIR in SC directly instead of applying in HC and trial court. SC is near to his place of work but FIR is fie in kerala 3 months but not action is taken. Now is my lawyer is forcing me to execute AB which has condition i need to go to police station every week. I would lose my job i do so, if i dnt i would get arrested.
prashant pundhir
(Expert) 10 April 2011
482 cr.p.c.is a section which is for saving the inherent powers of high courts and there is not any other way to pray for quashing fir as supreme court is the last appeal court .So dear if you want to apply for quash fir,you have to knock the high court u/s 482cr.p.c. You can not directly approach to supreme court .
The most important thing here which will adversely affect your application is that you did not execute the previous order of high court and you are looking more interested in quashing the fir .
Last time I advised you that you go for the appeal to SC against that part of the order of your AB as it is adversely affecting to your job . After that you come for quashing the fir to HC .You will get success .
Devajyoti Barman
(Expert) 10 April 2011
Only the High Court has power of quashing , not even the supreme court has power though it can sit an appeal over the order passed in the quashing case.
wifebetrayed
(Querist) 10 April 2011
Prashant sir, you said "
The most important thing here which will adversely affect your application is that you did not execute the previous order of high court and you are looking more interested in quashing the fir "
I never disrespected order of HC, it mention I need to excute the bail incase police come to arrest me, but police did not come or sent formal notice to me.. So I had wait a watch policy
Even police are aware there is no acutal content in Fir, wife lawyer is asking for mutal divorce and close all case since I have audio and video record of what transpired before fir and notice were sent.
Only thing which i want is clear my name in court instead of picking the easy way of settelment.
I have 3 week before divorce court hearing, do i have time to appeal to SC against that part of the order of AB as it is adversely affecting to my job
I am based out of delhi and other party is in Kerala. Would i get any judgement without other party persense.
