Arbitration procdure in progress but can criminal case be registered

geeta sangle (Querist) 17 April 2012 This query is : Resolved
Sir.
My Husband & his partner were in chemical business for 22yrs.But they parted some 5yrs back,they had an arbitration clause in the aggrement which is in process,but still he has put a criminal case agst my husband & me for the same matter which is going on in arbitration.He has lodged a private complint agst us with sec no406,409,418,419,423 for which my husbands & my passport has been taken by court .Also the partner had been arested for a fraud case in another company.My ques.is can i go for squaching of case. or can i discharge from the case.Please help
Thanks
Geeta

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adv. rajeev ( rajoo ) (Expert) 17 April 2012
Both are entirely different proceedings, criminal case can be filed.

Devajyoti Barman (Expert) 17 April 2012
Yes both are maintainable.
Read the latest supreme court decision in this regard.

geeta sangle (Querist) 17 April 2012
can i go for squashing of the case

geeta sangle (Querist) 17 April 2012
where will i be able to see the supreme court s decision.pls help

R.K Nanda (Expert) 17 April 2012
Yes, you can go for quashing of criminal case filed against both of you by filing a writ petition in high court.

Shonee Kapoor (Expert) 17 April 2012
The quashing can be done or not, can be decided after seeing the FIR/ Complaint.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Expert) 17 April 2012
Also for citations dig at www.indiankanoon.org

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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