Quash charge sheet fir
Harsha Harsha
(Querist) 01 April 2019
This query is : Resolved
An Counter FIR has been filed on me and 3 of my friends/relatives for the initial complaint that I gave. The FIR is under trial and charge sheet has been filed by police. I am planning to apply for quash in high court , I have ample reasons and evidences to defend. I am not an advocate. But I had made a petition in SCI for PIL personally for other issue and have experience of it. Query is
1. Separate quash is required for 4 of us? Or a single petition will suffice?
2. If it can be combined in single petition, as I am not an advocate, can I still include 3 of my friends also to quash it?
3. SInce charge sheet is filed, do I need to specially request for quashing of charge sheet and FIR or quashing FIR statement would be sufficnet?
Dr J C Vashista
(Expert) 02 April 2019
Facts of the post are vague, except that you are not an advocate.
Be clear and specific otherwise consult and engage a local prudent lawyer for providing professional services.
Harsha Harsha
(Querist) 02 April 2019
Sir,
Query is me being a non advocate, I am appearing PIP for applying for the petition of quash the FIR. Can I make the same petition to quash for other 3 persons as well?
KISHAN DUTT KALASKAR
(Expert) 05 April 2019
Dear Sir,
My answers are as follows:
1. Separate quash is required for 4 of us? Or a single petition will suffice?
Ans: Usually single quash petition under Section 482 of CrPC is sufficient unless there are more strong grounds for any of the accused.
2. If it can be combined in single petition, as I am not an advocate, can I still include 3 of my friends also to quash it?
Ans: If you include the names of other three friends in same petition and would like to contest it as party in person (PIP) then all of you four people must present before the Court to represent your common petition.
3. SInce charge sheet is filed, do I need to specially request for quashing of charge sheet and FIR or quashing FIR statement would be sufficnet?
Ans: Once charge sheet is filed, the FIR will be merged with charge sheet but some High Courts insist to seek separate prayer for quashing of charge sheet and FIR distinctively.
