Civil Procedure Code (CPC)

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quash on 3O4.A of i.p.c:

(Querist) 13 September 2010 This query is : Resolved 
In a case, f.i.r filed under section 304.A of i.p.c.. Accused arrested and released on bail.. Charge sheet not yet filed.. On this stage Can we quash this f.i.r proceeding? Any citation available mean.. Please.. ..tom..
Kiran Kumar (Expert) 13 September 2010
Quashing will depend upon the facts of the case.

Whether you want it on merit or on the basis of compromise?
M/s. Y-not legal services (Querist) 13 September 2010
Thank you sir.. But my doubt is whether we can file a quash petition before filing charge sheet.?
adv. rajeev ( rajoo ) (Expert) 13 September 2010
You can file the quash petition, but there should be solid ground, because some times in High Court without going thru., the petition will dismiss it and says face the trial.
s.subramanian (Expert) 13 September 2010
Yes. certainly you can. If no offence is made out you can proceed to quash the fir.
M/s. Y-not legal services (Querist) 13 September 2010
Thank you rajeev sir..
M/s. Y-not legal services (Querist) 13 September 2010
Thank you subramaniam sir..
Devajyoti Barman (Expert) 13 September 2010
Yes you can but before the filing of charge sheet the high court routinely reject the quashing petition on that technical ground alone.
M/s. Y-not legal services (Querist) 13 September 2010
yes barman sir. thank you.. you are exactly correct.. my doubt is that only.. whts the reason for reject the quash petition before charge sheat..
Dinesh Sharma (Expert) 16 September 2010
The courts have unlimited powers. The quashing of FIR just depends upon the facts of the case. The general tendency of the courts are not to entertain such petitions before the charges are fixed, but that does not mean that the same is not maintainable. The good judges listens patiently the facts and decide.
M/s. Y-not legal services (Querist) 16 September 2010
thank you mr.dinesh sharma
M/s. Y-not legal services (Querist) 16 September 2010
i closing this query.. no more comments.


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