Querist :
Anonymous
(Querist) 29 January 2012
This query is : Resolved
Dear Experts, Can counter cases - Perjury, malicious prosecution, defamation etc. be filed after the case against the accused has been quashed by high court ? Can quashing orders be taken as grounds for counter cases?
ajay sethi
(Expert) 29 January 2012
with great difficulty you have got an order for quashing . now if you file suit for damages you will have to pay court fees , engage lawyers .
you cna filefor defamation , malicious prosecution but i would advise you to move on in life
Raj Kumar Makkad
(Expert) 29 January 2012
Quashing of FIR is definitely a good ground in the hands of accused person to teach a lesson to complainant.
The quashing order itself is a big ground to prove innocense of accused persons in the alleged crime.
Sanjeev
(Expert) 29 January 2012
Depends on the reason for quashing if it was through compromise then there are no grounds but if basis evidence and merits of the case then there is a chance for defamation.e
Devajyoti Barman
(Expert) 29 January 2012
Quashing is no sole ground for filing counter cases. You have to file case for damages on independent grounds though I also suggest not to repeat mud slinging again.
Defense advocate may pull the camel back from the tell. So take care and keep aside your ego.
Sudhir Kumar, Advocate
(Expert) 29 January 2012
Do not force the complainant to get aducated by his lawyers if he has right /ground to get the FIR revised.
Shonee Kapoor
(Expert) 30 January 2012
Depends on what grounds the quashing happened.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 January 2012
ARUSHI murder case TALWARS were given closure report by CBI, so started bragging about defamation and all that so what happened.
Just because the lower court has dismissed the case means no end to the story, appeal revision can be filed with application for re arrest.
prabhakar singh
(Expert) 30 January 2012
You are being told or being guessed to be an advocate Mr.Anonymous ?I wish to ask you where prosecution has taken place??
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup