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498a & dv false charges quasing procedure

(Querist) 12 October 2017 This query is : Resolved 
HI,
My father in law has filled a false charges of dowry demand and DV case against me and my family members. Final chargesheet has been submitted, Althrough I have hired a lawyer but not have a full confidence on him. Request you to please guide me for my below queries
1) Can I apply for Quashing in High court? My lawyer is saying that first you have to take the bail from lower court and then only can apply for quashing?
2) Please guide me with the end to end process of Quashing? Also, can quashing be filled charge sheet submission?
3) What is Expedious order? Do I need to take it from high court to used the same in case lower court judge denies my bail?

Please help me with honest response and if any strategy by opting which I can get out of this false charges?

Rajendra K Goyal (Expert) 12 October 2017
Have confidence in your lawyer, he is the best person to advice you as he is fully aware of full case file. If not satisfied, may change your lawyer.

You asked:
1) Can I apply for Quashing in High court? My lawyer is saying that first you have to take the bail from lower court and then only can apply for quashing?
Reply:
Proceed as guided by your lawyer.


Rajendra K Goyal (Expert) 12 October 2017
You asked:

2) Please guide me with the end to end process of Quashing? Also, can quashing be filled charge sheet submission?

Reply:
Your lawyer at High Court would do the needful for you in filing quashing. Discuss with your present lawyer and also lawyer at High Court.

You asked:

3) What is Expedious order? Do I need to take it from high court to used the same in case lower court judge denies my bail?

Reply:

Have the accused been arrested and are in judicial custody? If session court has rejected bail, high court can be approached.
gagan (Querist) 12 October 2017
Thanks Rajendra. So far I was keeping a faith on my lawyer only. But considering the time available with me I want the guidance on what should be my next step to prevent any harassment of my parents and sisters.
No accused is not in jail and at the same time to avoid the later chances of getting arrested, can the person avail the expeditios order in advance. Because my father in law is very influential person, his brother is retired from high court only. Plz guide
P. Venu (Expert) 13 October 2017
How is that father-in-law has filed the cases? What is the stand of your wife?
Ms.Usha Kapoor (Expert) 28 June 2018
Agree with RK Goyal.
Ms.Usha Kapoor (Expert) 28 June 2018
Agree with RK Goyal.


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