Quashing a case
Preetam Banerjee
(Querist) 25 December 2025
This query is : Resolved
I am facing a case under Section 306 IPC, arising purely family dispute.
All persons involved are blood-related members of the same family — Mother, Fathe, Brother, and Sister.
Committed Sucide - Father
Accused - Mother and Brother
Complainant - Sister
History:
1. FIR 2021
2. Chargesheet 2022
3. No witness Examine till now.
Current position:
Mutual settlement has already been reached between the Family.
The complainant (my sister) is fully ready to close the case and cooperate in quashing of the FIR/charge-sheet.
The trial in the lower court is moving very slowly and inefficiently, with no effective progress.
Query:
👉 Considering these facts, is filing a quashing petition before the High Court under Section 482 CrPC best legal option to finally close this case?
Or what is the Best Option?
T. Kalaiselvan, Advocate
(Expert) 25 December 2025
You can file a quash petition under section 482 before high court and the defacto complainant should file an affidavit in person expressing no objection for the reasons of compromise and out of court settlement.
Preetam Banerjee
(Querist) 26 December 2025
How much time it takes? It is urgent for me
T. Kalaiselvan, Advocate
(Expert) 26 December 2025
You may first consult an advocate practicing in high court of your state and get the quash petition filed,
In general, it will not take more than two or three hearings.
Preetam Banerjee
(Querist) 26 December 2025
Is Quashing of IPC 306 possible for Mutually settlement Ground?
I read many High court judgement and They Rejected and give the reference of Dexaban Vs State of Gujarat Judgement.
T. Kalaiselvan, Advocate
(Expert) 27 December 2025
If you have so many doubts even without attempting the suggestions offered then you will be stranded without seeking relief at all.
If you know the law more than everyone then there's no point in raising a query in this forum.
You first consult with the local lawyer and decide whether to proceed further or not.
P. Venu
(Expert) 27 December 2025
What is the Case No.? Which Court?
Advocate Bhartesh goyal
(Expert) 27 December 2025
Since offence u/sec 306 IPC is being heinous crime against society so it can not be quashed on basis of settlement or compromise.
Dr. J C Vashista 
(Expert) 28 December 2025
Such offences are non-compoundable and generally High Courts do not quash proceeding.
Did you discuss with the lawyer of your family / sister ? If so, what is his/her opinion / advise as s/he (lawyer) is well aware about facts and circumstances of the case, laws applicable, trend of judgments in High Court etc. besides the fact s/he is duty bound to satisfy your questions.
