Cross fir section 354 and quashing
Guest
(Querist) 21 August 2015
This query is : Resolved
Mediation done for above issue and compromise reached . anticipatory bail obtained on that basis. Now quashing is getting delayed and police filed chargsheet. Can quashing still be done after charge sheet is submitted and are both parties required to be present in high court (accused and complainent)or we can file for quashing of FIR against us on the basis of mediation compromise and they can do it seperately .since its a cross FIR our lawyer is advising us to quash both together.
SAINATH DEVALLA
(Expert) 22 August 2015
1. YES, you can file a quash petition under 482 Cr.P.C before the High court,
2. You can file the quash petition once the bail is granted to you and also after the filing of charge sheet by the police.
3. Now itself move to high court if you have sufficient evidence to produce that it is a false FIR
4. The chances of your quash petition depends o the evidence you have and the way you convince the court regarding the delay the sequences before she left for her parents place etc.
5. Delay in filing F.I.R itself is not a reason to quash it, you should prove it that the fir was false and the intention was to extort and harass you.
COMPLAINANT HAS NOTHING TO DO WITH THE QUASHING OF FIR
Guest
(Querist) 22 August 2015
My lawyer is telling that complainent will have to be present in court when i quash The FIR in which i am accused .mediation compromise has been reached so is it suffecient to quash the fir ?
SAINATH DEVALLA
(Expert) 22 August 2015
One thing is if U are going for a quash as per the mediation process then the complainant's presence is required.The original mediation outcome document has to be submitted.
But when the complainant has agreed to the mediation process,why go for a quash,the complainant can as well submit a memo in the trail court as not pressed as per the mediation agreement.
Guest
(Expert) 22 August 2015
Well Advised by Senior Mr.Sainath Devalla
Guest
(Querist) 22 August 2015
What is the full name of this memo and how will it be better than quashing
SAINATH DEVALLA
(Expert) 22 August 2015
Mam,
What would UR lawyer do I U expect every thing from the forum
Rajendra K Goyal
(Expert) 22 August 2015
Agree with the advise of expert SAINATH DEVALLA.
Guest
(Querist) 22 August 2015
Am fed up with my lawyer also he is just concerned with prolonging the case dont know why this forum is there if you people also dont care to explain
Guest
(Expert) 22 August 2015
Author is Member From 23 rd June 2015 and Posted about 6 different queries which were attended and Now Expresses her Insult and Comments To Experts.It is Requested That Experts Should see their Back Ground At least about the Genuinity Of the Querist To Avoid Such Occurrence.
dev kapoor
(Expert) 22 August 2015
Hi Kavita,
Filing 482 petition for quashing Charge sheet,may take unusually long time.
Mediation is done in civil matters as Cr.P.C. provides of "Compounding" of offence.
Moreover Code provides for PLEA BARGAIN, which is the best under the circumstances you are fixed.Conviction/sentence passed under PB does not effect the services of any person no matter he is a government servant.
Do'nt feel panicky tell ur advocate about PB and be happy.
Guest
(Querist) 25 August 2015
thanks kapoor sir for explaining -good lawyers should have good attitude and compassion for people who are stuck in these situations . no one is fond of fabricating these questions unless they are stuck in bad situations
SAINATH DEVALLA
(Expert) 25 August 2015
kavita u cannot criticise the views of the legal experts.
Guest
(Expert) 25 August 2015
Ms. Kavita,
Please don't mind if I ask you some questions on your criticism and arrogant attitude towards experts as you said, "Am fed up with my lawyer also he is just concerned with prolonging the case dont know why this forum is there if you people also dont care to explain."
If you are fed up with your own lawyer, what compells you not to change your lawyer? So far as I understand, your lawyer has rightly advised you the need for quashing both the FIRs in case of the cross FIR.
Secondly, even if the experts explain you with which you can feel pleased, what you would do with such explaination, when, according to you, your own lawyer is just concerned with prolonging the case and is not expected to give any heed to you?
Thirdly, none of the experts in this forum are paid experts either by the LCI or by the querists to expect full length tutorials from them. They are here to provide voluntary general guidance, where the querists feel stuck up.
Fourthly, about your uncalled for commandment, "good lawyers should have good attitude and compassion for people who are stuck in these situations," experts also expect the querists should also have good attitude and should not be arrogant, if they intend to seek FREE advice and that too without providing background history of the case. Rather, you should have been thankful to those experts, if your queries are attended to by them.
If you are fed up with your own lawyer, none of the experts of this forum can be blamed for that, as you have not hired that lawyer on recommendation of any of the experts here. That was your own choice.
YOU SHOULD BETTER SEEK APOLOGY OF THE LD. SHRI SAINATH DEVALLA.
So, now the only solution to your problem lies in change of your lawyer or in addition of your lawyer, hire services of some expert, who can guide you from time to time to your satisfaction, so that you may not feel the urge to criticise the experts of this forum, who are wasting their time, energy and cost on their own infrastructure to provide you free service.
Guest
(Querist) 25 August 2015
I am surprised at the egos i have hurt. .This is similar to what im dealing with my lawyer.Unity in profession is one thing and ganging up is another .if you doing social service you should be humble and sympathetic .The remark was if i do everything what will your lawyer do? im surprised no one finds that uncalled for .YOU BETTER SEEK APOLOGY ? Even god will not talk like that .By the way i have two lawyers and not one and facing the same issue .Thanks for nothing
Guest
(Expert) 25 August 2015
Ms. Kavita,
Your expectations are too high even from the free service providers. About your observation, "if you doing social service you should be humble and sympathetic," this applies only on the recipients of free service and knowledge seekers. Being a knowledge seeker, you were required to be humble, not critical of the experts from whom you get free service. Arrogance never pays.
Social service does not mean that a social server be insulted by the receiver of free service. A receiver should first deserve then expect any free service. An arrogant querist does not deserve free social service.
If you are dissatisfied with the services of two lawyers, I can safely say that you cannot be satisfied even on engagement of 10 lawyers. I can very well guess that you would have been much more rude to your paid lawyers, when you can behave arrogantly with even the free service providers.
Best of luck!
Guest
(Querist) 25 August 2015
please do not deflect your arrogance and rudeness on to others.I am not a free knowledge seeker ,this forum exists and is free so thought of using it not expecting -if i do your work what will your lawyer do ? this is not a 10 page petition in court that you have to submit or an argument that you have to win .free service does not mean free insult.surely you have cases to prepare .....
Guest
(Expert) 25 August 2015
Ms Kavita,
I am not deflecting any arrogance or rudeness on others, rather had pointed out about your arrogant behaviour shown in response to Shri Sainath Devella's advice, who rendered you free advice.
If you are not a free knowledge seeker, can you tell how much you have paid to any of the experts, who tried to solve your tangle.
Only you have the dire need to mend your behaviour if you really want to derive any benefit out of the knowledge and expertise of the experts. You may or may not criticise your paid lawyers, but you don't have the right to criticise the volunteers for free service.
