QUASH / Discharge PETITION
Padma
(Querist) 22 December 2010
This query is : Resolved
Dear Experts
I had asked a question previously but since it is very lengthy i am asking the same in few words / questions. Request your urgent help on this
I want to know how to deal with a private criminal case, for which i have obtained STAY and the Complainant has not vacated the STAY because it is based on false allegations and has arisen due to vengeance - The same can be proved by me. I am attending the Court once in every 2 months since the time i got the STAY and the case is being adjourned to the next date by the magistrate - when i present the STAY ORDER. This is happening for the last 2 years
NOW, i want to QUASH or CLOSE the criminal case - What is the procedure ?
I have heard through a friend that there is something called QUASH PETITION or DISCHARGE PETITION - but i am not able to get more information on this
PLEASE HELP ME - How to end this case?
WHAT STEPS SHOULD I FOLLOW ?
Thanks
PADMA
Devajyoti Barman
(Expert) 22 December 2010
Your query is not clear. Firstly if it is you who have obtaned the stay then how you could proceed with the case. Secondly if the stay is granted then where you have applied for such stay and what for? In presence of stay how could you quash the case.
So be specific about the case where you got the stay.
B K Raghavendra Rao
(Expert) 22 December 2010
If the complaint is frivolous and false, you may challenge the same in the High Court by filing a petition under Section 482 of Criminal Procedure Code for quashing the proceedings.
Alternatively, you may make an application to the trial court for your discharge furnishing documents in support of your case. The Magistrate would hear the arguments and if the case is found to be prima facie baseless against you, you will be discharged.
s.subramanian
(Expert) 22 December 2010
Please clarify the doubts raised by Mr.Barman. Then alone it will be possible to advise you further.
Raj Kumar Makkad
(Expert) 22 December 2010
Repeated query which has already been replied.
Dineshwar Singh Kaushik
(Expert) 22 December 2010
It is true that your query is not very much clear. If you have a stay order from Hon'le High Court then you have no option other than to wait for final order.Secondly if you have a stay order then there is no question for your attendance /appearance in trail court.Moreover please clear your query as suggested by Mr. Burman.
Guest
(Expert) 22 December 2010
(1) I understand somewhat from your query Ms.Padma.
(2) You are arraigned as an accused in a private criminal case. Your complainant (opposite party) has filed a complaint against you by levelling false allegations against you.
(3) You challenged the complaint in the High Court and obtained STAY. But your complainant has not vacated it.
(4) On one hand, you yourself has created hurdle to the proceeding in the magistrate (trial) court and on the other, you wish to end the case soon.
(5) You have two options, (i) You may ask the High Court to list the case for FINAL HEARING, since simply STAY is not your main object, OR (b) You may withdraw your STAY petition and pave the way for the magistrate to proceed with the trial of the case and face the trial and tear the Complaint into pieces.
Advocate. Arunagiri
(Expert) 22 December 2010
If you have obtained Stay, approach the same HC to take up the main Crl OP. Get the CC quashed if you have good grounds. Under the circumstances the discharge petition will not apply to you.
Without knowing anything about quash and discharge how and where you got the stay?
Padma
(Querist) 23 December 2010
To all the experts,
Thank you all very much for your valuable advise(s).
Sri.Gurunarayana Rao Ji, Yes you have mentioned all the facts of my case.
I want to go ahead with the first option provided by you. Because when i went for the last hearing at the magistrate's court, the magistrate asked me to present the facts in front of the HC and get the case dismissed as there is a STAY from the HC , hence the magistrate cannot do anything at the magistrate's court.
Sri Arunagiri Ji - I obtained the STAY ORDER From HC - Chennai.
What i want to know is - I do not want to appear for the trial, but prove in the HC itself that this baseless, false allegations. What is the right option to be followed.
I have another Question - Can i go to LOK ADALT and prove my side and get me relieved from this case , as i am a senior citizen and ailing from cardiac problems and it is unnecessarily been put on me for vengeance ?
Thanks,
Padma
Advocate. Arunagiri
(Expert) 23 December 2010
Lok adalat will be helpfull for compromise between the parties.
You can prove your version and get it quashed by the HC. Give a letter to the Registrar of HC to post the case at the earliest.
