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Krishna (na)     24 June 2012

Quashing in hc - party in person

Hi Experts,


My Brother's wife had filed dowry cases against us. We have collected all evidences regarding the allegations which she had made against us. Can we go to HC for quashing and can we personally attend court and defend our case as party in person.


 



 4 Replies

Guest (Guest)     24 June 2012

During quashing the HC will not go into the evidence and determine whether the prosecution will culminate in conviction or not. The HC is not empowered to appropriate to itself the function of the trial court. Only a prima facie case is to be seen during quashing. Unless you can manifest that the allegations contained in the FIR are so inherently mala fide so as to render the process an abuse of law, the proceedings will not be quashed. You can plead the case on your own but it is advisable to engage the services of a lawyer to represent you in the HC. Quashing takes place rarely. It requires certain essentials to be fulfilled.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 June 2012

Quashing is done only exceptionally and not as a matter of routine, in quashing proceedings High Court won't readily go into eviedences except the absolutely unimpeachable ones. Nothing conclusive can be said without having a look at the FIR. 

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     24 June 2012

This is a serious matter and you should enage an expert advocate.

Ramesh Potedar (Advocate)     24 June 2012

Don't commit the blunder of appearing in HC in person in quashing. What do you know about the intricacies of quashing?


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