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hamin (aa)     03 December 2016

Quashing of an atrocity fir

My husband filed atrocity FIR against me and my family in December 2014 showing incident of August 2014 to get Divorce from me as a counter attack of my case of Section 9. The incident is reported in Gujarat. We co-operate police officer in investigation of Atrocity FIR and provided them enough documentary evidences of our availability somewhere else at the time of incident. In investigation the statements of the people in surrounding areas reported that there was no such incident happened in that time which had come to their notice. After this all we went to High court of Gujarat to quash the false FIR and have got permanent stay on the matter. Our matter then sent to mediation after this in high court, which was failed due to the threats given to me by my husband and he stated he do not want to go for further mediation. Our matter went back to High court, but no hearings after that. Till 4-5 months we got date but our matter got serial number above 60 then 100 and so on. After 4-5 dates, our matter never listed on board till today. It is been almost 1 and a quarter year it was listed. I came to know from my lawyer that matter went in cut-off. Last month I asked my lawyer to file an application for urgent hearing as one of the applicant of quashing matter is my brother, who wants to pursue degree from foreign. It is been 3 weeks now, but we do not get any date of hearing. My lawyer is unanswered when I am asking reason. I want to get the investigation documents, which I cannot get as FIR is been filed on me as per the Investigation Officer. My Lawyer can ask and can get but she is not filing RTI for that, and denied clearly to file the same. 

Please advise me on below queries. 

  1. What is meaning of cut-off matter?
  2. Why my matter is not being heard in High Court?
  3. What time it is taking for fixing hearing date after filing application for urgent hearing?
  4. What should I do in such scenario?
  5. Any applicant can leave the country for his better future as there is a permanent stay on matter?
  6. How can I get the Investigation documents from Investigation Officer?
  7. What steps should I take in such scenario? Should I approach Supreme court?
  8. Is my lawyer misleading me? 


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 1 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     05 December 2016

Consult other local Lawyer on this.

Application to hear matter can be filed in court


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