Saranya (NA) 18 October 2011

Regarding quashing a lawsuit filed - cyber law

Hi Sir,

I have a friend, who is very badly stuck up in a criminal lawsuit. The case has come to the hearing now and the witnesses has to appear in the court. The court has given 2 callings for the complainant &the evidences to appear. There is no response from neither of them. Now at this stage the complainant and the accused has already signed a Joint memo in front of a government judiciary official to quash the case which has been filed under misunderstanding. As the proceedings are under city court the advocate suggested letting the case proceedings go. Now the complainant as a registered company has no responsibility and isn’t appearing in front of the court. There is no trace of the complainant. Now my fiend is a spinster yet and her family is urging for her marriage. Now she wants to get this lawsuit fixed and come out of the unnecessary stress. Can someone suggest any procedure of which I can help my friend out in handling this situation. She is undergoing severe agony.

Thanks

Saranya

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6 Replies

Sanjeev (Lawyer) 18 October 2011

If it has been compromised approach the High Court and get it quashed basis the compromise agreement. Once quashed submit a copy in the lower court and it will be finished.

Saranya (NA) 18 October 2011

Thanks for your response. I remember she approaching HC for quashing. The case underwent 2 hearings but the complainant did not appear and the petition has been rejected. So the case trial is going on in city court.. As now the 2 hearings of evidence level ther is no response from complainant.. At this stage what can my friend do to take hands off from this case.

Saranya (NA) 18 October 2011

I really want her to get married and settle soon as i know she is wonderful person by heart and she is been unnecessarily fixed in this.

Rajesh Hazra (Mediator and Legal Counsel ) 18 October 2011

You can file the petition under Art. 227 of Constitution of India before the Hon'ble High Court for direction to for early disposal of the case.

Saranya (NA) 18 October 2011

Hi Rajesh.. Kindly elaborate a little more onthis pls..

Sanjeev (Lawyer) 19 October 2011

If the complainant has entered into a compromise and has also signed a compromise memo so why does not he appear once in HC for Quash- just one appearence by the complainant will get the case quashed. when the complainant does not want to press the charge ask him to appear once and get the case quashed.