QUASHING OF CASE

Guest (Querist) 04 June 2015 This query is : Resolved
Hi. I m a second acquist in a case where ipc 308 is charged. Now it is 3 yrs. No summons received yet. Can this case be quashed from highcourt? If so what are the procedures. Is it necessary to get the consent of the person who filed complaint against us?

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Adv Shrikiran.B (Expert) 04 June 2015
Yes.Sec.308 IPC can quashed by High Court since much time has passed from the time of institution of the case in the court. However, this will purely depend on the discretion of the High Court. File a petition under 482 Cr.P.c and specify the inordinate delay in the proceedings.No. It is not necessary to get the consent of the opposite party for quashing 308 IPC.

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