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Rajat Jain (Executive)     15 December 2009

Plz Help...!!! Guidance Required

Dear Forum

Please help me and guide me in the matter mentioned below.:

The issue is ....my cousin was arrested under few 65, 66, 67 sections of IT Act (Cyber Crime). He was given bail when he was produced in lower court after looking at the gravity and a request application from the complaining party that a compromize is done and dont wana spoil his carrer.

Now to proceed with the case, my cousin has applied for quashing the FIR under section 482 of Cr. PC in High Court so that the matter can  be finished off early and time and energy of both the parties dont waste. He has submitted the certified copy of the request application of complainant even and in addition to it the complainant too wants to get rid of this and wants to support my cousin.

My querry is what are the chances of this case? Can he file the things and request for quashing? 

 

Please help and guide as soon as one can....

 

Thanx in advance.

 

Rajat

 

 



Learning

 17 Replies

Rajat Jain (Executive)     16 December 2009

Plz Forum....please help me in above mentioned matter.

Jatin Sapra 9312223345,Delhi (Advocate)     16 December 2009

Ya ,

 Surely i don't know the terretorical jurisdiction in ur case but still if it is in Delhi and matter as told by you certainly  quashed but u both complainant and the accused has to appear and give the styatement that the matter has been compromised between the parties.

Rajat Jain (Executive)     16 December 2009

Thnx Jatin Sir. Thnx for  your prompt reply.

The matter is of Gujarat, High Court. And yes, the complainant is ready to support. Please guide further.

Rajat

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     16 December 2009

100% of chance to quash the case even if it is non compoundable. file affidavit of both parties and also a compromise memo signed by both parties in this regard.

Rajat Jain (Executive)     16 December 2009

Dear Sir
Thnx for your reply to my thread. Can I please get your cell number so that I can discuss a bit more and can get further guidance.

Thnx again, Sir.

Rajat

Mrs. Hetal Sunil Shah (Advocate)     17 December 2009

you are welcome at high court advocate's chamber no. 323 and meet me or Mr. Apurva Dave at the earliest. We shall be of help to you.

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     17 December 2009

 

 

Ur case is good and will be quashed. but file the compromise deed also and also appear before the court bith of u and request the court to quash the same. Else councel of both of u can also appear and record the statement on behalf of u. Good luck.

Rest Mrs.Hetal is also good in gujrat Court. so u may approach them.

Good luck.

1 Like

Rajat Jain (Executive)     17 December 2009

Thank you Mrs. Hetal and Mr. Kamal for your advice to this matter.

Please throw some more light to this and lessen my worry. For your necessary inputs, I would like to share few information:

1. My cousin was bailed out in lower court for 65, 66, 67 charges of IT Act against him, last month.

2. Then we approached HC and filed the matter under section 482 to quash the FIR.

3. We have these documents with us: (Certified copy of FIR, Bail Order of court & the request application from the complainant itself which mentions that he has no objections if my cousin is granted bail. )

On these grounds, what are the chances of this matter, honerable advisors?

Plz guide. Awaiting for your explainations and reply to it.

 

Rajat

aruntrivedi (lawyer)     18 December 2009

Better we meet at High Court advocate's Chamber No. 323 today i.e. on 18/12/2009 or tomorrow at A/115, Popular Plaza, Opp. Medi Link Hospital, Near Shyamal Cross Road, Satellite. All these replies can be given after looking at all papers and details from you. Feel free to be here earliest. Mrs. Hetal Shah, Arun Trivedi & Apurva Dave.

premkumartripathi (business)     01 January 2010

one of my blood relative had live in relationship for 4 yrs which broke about a year back. about oneand half year back she was pregnant too and had some complication so pregnancy could not be saved and aborted in a hospital, the record of hospital shows the name of the boy as husband and paid through his  credit card too. Now the girl want to marry him otherwise threats to go to court. nobody from boys side is willing to marry because of bad reputation of girl and her family. please guide me what to do and if settlement is to be done then what documents are to be obtained to be safe in future.

aruntrivedi (lawyer)     02 January 2010

this thread is for quashing criminal complaint filed under cyber laws. open new thread for this and come ... better ....

shrikant chede (law officer)     02 January 2010

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premkumartripathi (business)     02 January 2010

dear forum

guide me

Rajat Jain (Executive)     03 January 2010

Dear Mr. Rakesh Kumar, please understnad what Mr. Arun Trivedi has mentioned. It is not a thread where your querry would be solved.

Open a new thread and seek guidance.

 

 


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