Quash or Stay for P-I-P
Arka Foundation
(Querist) 23 May 2011
This query is : Resolved
Dear Members,
I am delaing with a case as a Mediator/Counsellor
My client was slaped with 498a charges agasint him.He lost his job. He is ready to re-union with his wife, but other side-party[wife and her paretns] not shwoing any interest after repeated requests/communication...etc.,
Now its time for him to deal with his 498a charges are frame by the PS
Question is...
- Can he file Quash party-in-person[bcoz right now he can afford to any lawyer as all his savings are going for his maintenance to his family father/mother/sister]
- If party in person all the 4[accused1/father/mother/sister] have to file as petitioners
- How many days will it take to get Quash/interim stay if its admitted
-If case dismissed/rejected how many days will it take?
Finallly, what would be the exhibits to enclsoe for the Quash pettiton.
Your valuable suggestions/advices please
Guest
(Expert) 23 May 2011
SIR,
KINDLY NOTE THAT
1.A COMPLAINT UNDER SEC.498A OF I.P.C. IS FILED AGAINST THE PERSON AND HIS FAMILY
2 AS THIS COMPLAINT CAN NOT BE COMPOUNDABLE BY MUTUAL COMPROMISE ,IT IS ADVISIBLE TO FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE SAID CASE.THE PERSON AND ALL HIS RELATIVES CAN JOINTLY FILE THE SAME.
3.SIR,AS IT IS A CRIMINAL CASE AND REQUIRES SERIOUS STUDY AND ARGUMENTS OF THE CASE ,IT IS ADVISIBLE THAT DO NOT JUST TAKE A CHANCE AND DO NOT TRY TO ARGUE IN PERSON.AS THOUGH YOU MAY BE EXPERT IN YOUR FIELD , CRIMINAL CASES INVOLVE OPPOSITION FROM STATE P.P.AND ALSO ADVOCATE FOR COMPLAINENT. SO IT IS SUGGESTED THAT IF YOU DEFEND THE MATTER WITH HELP OF LEGAL EXPERTS YOU MAY SUCCEED. GOOD LUCK.
Guest
(Expert) 24 May 2011
In such cases time is neither in the hands of the plantiff, nor of respondent, and nor of the judge. Everything depends upon smooth trial of the case by timely submission of the real facts of the case, and regular attendance of both the parties, if the case is desired to be got decided in shortest possible time.
M/s. Y-not legal services
(Expert) 25 May 2011
Little correction on mr.nandhakumar's view. That for quash proceedings writ petition not liable., you have to file a quash petition before the high court under section 482 or cr.p.c. You didn't mentioned about the stage of your case. I mean its just f.i.r stage or charge sheet filed? Your prayer have to be based on the stage of your case..
M/s. Y-not legal services
(Expert) 25 May 2011
And my view about appearing in person, you can appear as in person. But the problem is, quash proceedings will not get dispose in one or two days like bail or anti' bails. If its filed mean court will notice to the respondent police, will call for the records to high court. At the time public prosecutor will show his tactics and talent on you, if you are in person. You can't face his arguement as in person. So you better appoint an advocate. Don't be bother about money.
M/s. Y-not legal services
(Expert) 25 May 2011
Then about documents, you have to file certified copy of all documents which is filed by the respondent police before the trial court, like, complaint, f.i.r, charge sheet etc etc..
Arka Foundation
(Querist) 25 May 2011
Dear All,
thank you for your answers
@tom
it is on charge-sheet
Marriage was love maarraige in that, out of 9 allegations only 1 allegation is about harassing for dwory remaining all are general allegations.
