Quashing in hc on basis of compromise u/s 482 crpc
Gaurav
(Querist) 19 November 2013
This query is : Resolved
Dear Honorable Experts,
We reached compromise during the proceedings of maintenance case (125CrPC). Family court Judge had facilitated the compromise settlement terms as part of their order. Also, passed the first motion.
In 498A, charge is framed on four of us. There are 5 names in FIR. four of them stay in india and one relative stay in US from more than 30 years and come to india once in a while.
Query:
Q1. During the HC Quash u/s 482 CRPC of FIR on basis of compromise, how do i make sure that FIR quash is applicable for my relative also who do not live in india? We do not have any contact with her.
Q2. Does Chandigarh HC quashes for all 5 members on the basis of petition filed by 4 of us? or Does POA or vakalatnama signed for 5th one would be required?
I am looking for views on how HC behaves in such circumstances in terms of passing order or what is the standard process dealing with such situations above.
Regards,
Gaurav
Akhilesh Kumar
(Expert) 19 November 2013
Dear queriest,
1) if the HC quahes the FIR then all procedure in the case shall be quashed, so naturally applicable to all persons involved in the FIR.
2) if 5 member is approachable then it would be better otherwise 4 persons may file petition and if order passed then applicable to all persons named in the FIR.
Gaurav
(Querist) 19 November 2013
Dear Experts,
Look forward to more inputs from this forum...
Nadeem Qureshi
(Expert) 20 November 2013
Dear Gaurav
my opinion on your queries are as under
Q1. During the HC Quash u/s 482 CRPC of FIR on basis of compromise, how do i make sure that FIR quash is applicable for my relative also who do not live in india? We do not have any contact with her.
Opinion: if HC quash the FIR then no need for 5th person to appear or file any vakalatnama before court the quashing will be acquit all the accused.
Q2. Does Chandigarh HC quashes for all 5 members on the basis of petition filed by 4 of us? or Does POA or vakalatnama signed for 5th one would be required?
Opinion: yes, HC have power to quash the whole FIR.
