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Quashing second 498a FIR

(Querist) 02 July 2015 This query is : Resolved 
Dear Sir,
I was granted provisional bail for four months in a 498a case and lower court was to vigil during the period. Unfortunately, during provisional bail period another case of 498A was lodged. Husband is the only accused in second case.
Is it possible to get the second FIR quashed?
P. Venu (Expert) 03 July 2015
Does both the the FIR relate to the same incident?
Rajendra K Goyal (Expert) 03 July 2015
Full facts not mentioned. Consult your lawyer who is aware of full case file.
SAINATH DEVALLA (Expert) 03 July 2015
Are U the husband or are U representing somebody else in the query.Come out with the total history for a solution.
Rahul (Querist) 03 July 2015
Sir,
I am the husband. First FIR u/s 498a, dp, 323 was lodged on 11.05.2014. I was granted anticipatory bail by patna HC on 12.02.2015 and as per HC order was granted provisional bail on 23.02.2015, lower court was to monitor relation for 4 months and if there was no bitterness, provisional bail was to be confirmed. As per order she accompanied me to my work place and after 9 days filed another case u/s 498a, 323 and 379. I was arrested and sent to judicial custody. Regular bail was granted by Patna HC on condition to pay 5000 per month.
My query is if second FIR can be termed improvement over first FIR as we were under vigil of court and if there is any possibility to quash the second case or merge both the cases.
Dr J C Vashista (Expert) 04 July 2015
1. Apply for clubbing/tagging of both the FIRs.
2. Are you sure you were granted bail by Patna High Court in second case/FIR? You were declined bail by MM/JMFC and appeal before Sessions Court?
3. Take the case to Mediation or Counseling (Family Court) Cell of the trial court and settle a written compromise, submit to High Court and both the FIRs can be quashed after fulfilling terms of compromise.
Consult your lawyer.
SAINATH DEVALLA (Expert) 04 July 2015
Act as per the advise ofDr.Vasishta,nothing more to add.
Rahul (Querist) 04 July 2015
Thanks Dr vashishtha.
Yes, bail was declined by magistrate and District judge.


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