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Maya Singh   31 January 2021

498 (A) FIR Quashing physical presence required or not

My daughter in law is ready for settlement. My son is in abroad so without him being present can the 498 (A), 406, 34 FIR Quashing application be undertaken with rest of the accused family members or do my son will compulsorily have to be present physically?


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 1 Replies

Kevin Moses Paul   31 January 2021

In accordance to law it is mandatory to be present before the honorable court when relating to Criminal Matters. The matter which is important during any such case is whether chargesheet was filed by the police or not ; or as a case may be whether an order has been issued to the parties or not.

As per your situation, your daughter-in-law (aggrieved party) is ready for settlement. Therefore, it won't be such a need for the presence before the court if rest of the accused are present. Thus, you may file an application before the court stating the situation of your son that he is out of country due to work purposes and therefore, it would be difficult to be present in the court at date.

Submission of the application would let the court excuse your son's presence in the court.
Presence is Mandatory, but as per your son's situation an application would allow/grant concession on being present before the court.

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