Quashing of fir
R Shreeniwas
(Querist) 07 June 2015
This query is : Resolved
Hello Experts,
My brother's wife has registered FIR under section 498a, 34 on all of us including my parents.
We are thinking to apply for quashing this FIR with Cr.P.C 482 section.
Currently charge sheet is submitted in court and we want to file application for quash in High court.
Could you please tell me how much time generally it takes for quashing FIR?
Thanks in advance.
Regards,
R Shreeniwas
B K Raghavendra Rao
(Expert) 08 June 2015
You are under the impression that the High Court is pleased to quash your petition for quashing FIR under Cr. P. C. 482. In most of the cases FIR would not be quashed especially in 498a cases. If you have prima facie facts deserving quashing, only then can you hope for quashing. At the best, proceedings may be stayed. Time factor cannot be fixed. It would be easily one year or several years.
Rajendra K Goyal
(Expert) 08 June 2015
Better defend the case on merits, quashing generally not allowed in such cases.
Biswanath Roy
(Expert) 17 June 2015
Once a charge sheet has been filed on the basis of F.I.R, quahing of that F.I.R is not possible.
