Dear Querist

my opinion on your queries are as under

1) Since we filed 482 already in highcourt mumbai, can we still proceed to quash the 482a? ( my parents got bail i am in Canada and planning to go soon to mumbai to get my bail as per the date my lawer hasd fixed)

Opinion: As per you information it is not clear that your advocate filed quashing or any other petition u/s 482 of Cr.P.C

2) Since i just lived 1/2 a day on 19jan with my spouse how likeliy i will get quash judgement.

Opinion: its depend on your case, facts and allegation and strong proof will be required.

3) Do i need to be present at the session court in mumbai to get bail or it can be gramted without my presence.

Opinion: no, personal presence is not mandatory.

4) I discussed my case with other lawyers and they said that my case is very striong for Quashing

Opinion: it may be.

Dear Querist,

1. You have filed 482 on summons? Now it is not clear, whether the summoning has been challanged, or there is an application for quashing. Whilest more than one applications u/s 482 be filed in one case/ Cases arising out of one matrimonial alliance. Two Quash Petitions for the same case can not be filed.

2. Whether your chances are strong or not can not be assessed without reading the FIR. Proofs are not taken during quash and it happens on purely legal grounds.

3. Though it is not mandatory to attend Anticipatory Bail Proceedings, the court, if it deems fit can ask for the presence of the accused. Atleast that is the practise in Delhi. I am not so sue about Mumbai.

4. Doesnot require any answer.

Regards,

Shonee Kapoor 

www.shoneekapoor.com

Dear,

Don't come to india otherwise you won't go back to canada and your passport will be impounded during the proceedings. please check the bail and quashing result before coming to india. Don't  come even you get  a bail. Ask the court for mediation where you negotiate with girl and her parents. after conciliation you can get the matter compromised and then easily quashing can be done. simply on the first instance High court can decline quashing as the matter is at initial stage rest is upon the FIR and its contents and defense raised by you.

Rajiv Bhasin (Advocate)

Managing Partner 

Bhasin Legal Consultants

www.bhasinlegalconsultants.com

E - mail:bhasin.laws@yahoo.com - Mobile 9811210505

Hi SWengineer, in the light of facts as enumerated by you in the above query it can be said that if you have all the proofs and evidences as mentioned by you it can prove easy and better to get your case quashed under Section 482 of Criminal Procedure Code. As it has been mentioned above by other experts that your fist query is a bit unclear and ambiguous as it cannot be made out whether a quash application has been made by your lawyer in the HC or the summoning has been challenged in the HC under the inherent powers of the Court. Moreover, regarding your second query it can be said that there are good chances that a bail can be approved but you shall not take it for granted as it is mostly the discretion of the courts whether a quashing application be approved or not and FIR also plays an important role in those proceedings as a quashing happens mostly on the legal grounds and not on factual grounds. You can rely on SC judgment in the case of Geeta Mehrotra & anr v State of U.P and anr [(2012) 10 SCC 741] wherein the proceedings were quashed mainly on ground of malafide intention while registering the FIR.  With regard to your third and last question it can be said that no personal appearance of the accused is mandatory for granting of bail.

Regards,

SKapoor,

www.Lawkonect.com,

9555507507