File a quashing before bail

Petition for Quashing can be filled anytime after FIR is lodged. 

thanks a lot for the information.....can it be filed after chargesheet is filed??

yes it can be filed after chargesheet also

the difference is before chargesheet it is filed under Article 226 and after changesheet it is filed under sec 482. If filed before if admitted you can get a temporary relief of stay arrest till decision on the writ but depends on the procedure followed in the court where the case relates to.

Thanks @Ravindra @Sanjeev for such informative posts

If one AB has been denied and the judgement is for the brides side (in HC) and chargesheet is pending as all the accused are at large in Kolkata. Then can we file a quashing instead of going for the SC.Our laywers suggested this. We dnt know what problems we mite face in the quashing and the duration for that in HC.

Our laywer said the quashing only takes a single hearing. Is it true?

no its not true. in single hearing its not possible.  if ur case is false then face trail.

what's the timeline we are looking into then???...Say for kolkata HC...is it a matter of years or few more months...

i dont know in kolkata but in mumbai it takes 5-6 years(no gaurantee of quashing after so many years) so think before quashing.

You won't get stay on proceedings in such case.

 

Better move SC for bail.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

but stay will be there to break their moral so its gud for negotiation after 4-5 yrs. wat one can loose in delaying it.

I doubt that stay can be given when bails are not granted.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

You can file under Article 226 of Constitution Of India or under sec 482 of Cr.P.C. before Hon’ble HC but you must have strong reasons to quash the case as,

 

 

 

1. After pursuing the F. I. R. and papers along with it, there is no prima facie case seen against accuse.
2. No disclosure of cognizable offence. The case is non- cognizable case.
3. The case is non-cognizable case after looking the collected evidence.
4. Statements given in the F. I. R. are improper and impossible due to that there is no sufficient evidence to proceed.
5. There are some objectionable points in Cr.P.C. and related laws.
6. The case registered with malicious intention.

 

There is direction by Hon’ble SC to Hon’ble HCs to use this power in very exceptional, very rare cases.

 

See the following cases,

 

1. Hajarilal vs. Rameshwar Prasad (A.I.R. 1972 SC 484).
2. Richpal Sing vs State of Rajasthan (1995 Cr.L.J. 4206 Raj).
3. Smt. Rupan Deol Bajaj vs. K. P. Gil (A.I.R. 1996 SC 309).

Dear ,

Yes, quashing of FIR is possible in 498a cases if the allegations made by the complainant  presumed to be true than no prima facie case is made out than court will quash the FIR or the allegations made by the complainant is so improbable .

Thanks n Regards,

Advocate Shaad Anwar
K-160, Tis Hazari Courts
Mob- 9811038828
shaad@mylawyerdelhi.com
https://www.mylawyerdelhi.com

You can also file discharge application under section 239 of crpc