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sachin (sse)     08 June 2012

Time required to quash a fir under 498a

Hi

My divorce took place under mutual consent and second motion end this month 

post second motion we agreed to file a quash FIR under 498A and my wife agreed to cooperate .

q1.I like to know how much time is required to quash an FIR in delhi high court 

q2.Is physical presence is required for quashing of FIR as I am going aboard for futher studies next month .

 

 

 

 



Learning

 8 Replies

sachin (sse)     09 June 2012

Thanks Ashish

since all my family members are also party in FIR so they can also be present .

its compromise  based quashing 

MADURAI LAWYER (LEGAL CONSULTANT)     09 June 2012

Dear Sir,

You will have to file a petition before the concerned High Court under S.482 of Criminal Procedure Code for quashing of F.I.R. at the earliest in terms of the settlement arrived at between you and your ex wife. Presence of the de facto complainant i.e your ex wife is necessary. Court may require the presence of all the accused at the time of hearing of the petition. Therefore, it is advisable to move the quash petition before you leave India.

 

For any clarification, kindly feel free to speak to me on (0) 9842197857.

 

https://www.jeevaganadvocate.com/contact.php

Narayanbhai Rajpurohit (partner)     13 June 2012

Sir , I know a petitioner who has filed a P.I.L  in High court , for his personel benifit, he is not trust worthy, he has no credentials in his family and society, he has suied his own father and mother and family  members for  a small rongful cause, 3 criminal complaint's of fraud and violence and beating up a witness are pending against him, he has no educational back ground , just 12 th pass and has admitted this P.I.L just for fainancial gain...........whom should I approach to request or plead to cancel the said P.I.L  and save time and effort of honorable court and government.........

Adv. Chandrasekhar (Advocate)     13 June 2012

@rajpurohit,

u have to file an application in the same PIL before the same high court, complaining that the petitioner of PIL is using the PIL procedure for his personal interest and not for public cause.  In that application you mention the other facts about the petitioner and seek dismissal of PIL.   

Narayanbhai Rajpurohit (partner)     14 June 2012

thanks a lot  Sir....I 'll  remain  in  touch   and  let  u know  about  further happenings......

Narayanbhai Rajpurohit (partner)     14 June 2012

Originally posted by :Narayanbhai Rajpurohit
"   "

Madhu ojha (Orthopedic surgeon)     17 September 2012

Hello 

I am wrongly involved in an complaint to police under 498A on 12 sept. We were 4 persons in this complaint. Its totally bogus. We got bail on the same evening So we are released from custody. I want to ask following questions 

1. What is the time limit for going to HC for quashing this wrong complaint? Can the quashing petition be submitted before the charge sheet submitted by the police dept.? IF they dont submit the charge sheet on time, can we apply for quashing before the high court? Or we have to wait till the charge sheet is submitted and the time limit starts only after the submission of charge sheet by the police dept.?

2. Is there any other provisions under any section of Cr P C to complaint against the lady who wrongly involved us in prowoman 498A complaint? Can we take legal actions against her criminal complaint? 

Thank You 

Dr M M OZA drmmo50@yahoo.com


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