Lavisha Mamtanii 31 January 2023

Falsely filed 306

Dear experts,

Is it good to go for filling 482 against 306 ? Can we get a success on filling 482 ? I am asking this question with doubt because someone today said 482 cases are not heard these days in high court. So when will it be ? How much time or how many hearings does it takes to quash a false FIR ?

Police filed 306 on my brother and mother and there is no evidence supporting it. We are totally innocent and we have the evidence that Girl was not at all interested in engagement and wanted to step back. She then committed suicide. And nobody from my family nor my brother had conversation with her for past 1.5 months.

We are so tensed as we want to get my brother married but want to close this case as early as possible.

Is it a right option that we reach out to girls family and ask if they can take back all the false allegations and close this case ?

What if girls family agrees to take back false allegations then will they have to face any questions by court or police ? is there any aftermath ?
What process they will have to go through ?

please advise

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8 Replies

anubhav Bhatt 31 January 2023

Dear Client in that situation you should approach to girls family if they are agreed to compromise or settle that dispute by way of Deed then you should approach High Court for quashing this case and then High Court may quash this case for more clarification you may contact us then I'll explain properly.
ADV ANURAG BHATT
ALLAHABAD HIGH COURT
MOBILE 9198889990.

Real Soul.... (LEGAL) 31 January 2023

Just motivate the girl to drop the allegations against you, that is best for you

Lavisha Mamtanii 31 January 2023

Thank you so much ,sir. They had agreed to sign a settlement deed and we do have signed papers with us which states that out of frustration and anger they put false allegations and wish to take back and if in near future my brother is found guilty then they have rights to take action.Till that time no FIR was filed on us.But then after don't know what happened to them ,they still filed for 306.

Is it okay that we approach them again to settle this ? Will it be worth full?

Is there any importance of the previous settlement which they had signed ?

Is there any other better way you can advise to close this case as early as possible ?

Does 482 cases takes time to being heard in HC ? My apologies ,last question- Generally how many hearings does it take to quash if filed for 482 ?

anubhav Bhatt 31 January 2023

Dear Client you should contact us then I'll elaborate properly.
ADV ANURAG BHATT
ALLAHABAD HIGH COURT

P. Venu (Advocate) 31 January 2023

What is the present stage of the case? Have the accused been served with summons to stand for trial and have been provided with copies of the Police Report?

sahithi reddy 01 February 2023

If the girl's family agrees to make a concession or resolve the conflict through a deed, you should seek the high court to have the case dismissed, and the high court may do so.