Quashing of fir
Harpreet Singh
(Querist) 06 May 2017
This query is : Resolved
Could you please let me know what is procedure for filling the Quashing petition.
My sister has got registered an FIR against her husband under section 498/409 and his sister has got an FIR under me under section 354,506,509, as divorcee is granted will our lawyer file for quashing as joint petitions or he only has to file for quashing of the FIR under section 354 filled against me and quashing of FIR filled by my sister against her husband will be filled by his lawyer.
Please let me know how this works.
Guest
(Expert) 06 May 2017
For Quashing of the FIR you will have to approach the High Court with a petition for quashing u/s 482 of the Cr. P.C.
Divorce proceedings are in Family/Civil Court, quashing proceedings will be in the High Court.
Harpreet Singh
(Querist) 06 May 2017
Dear Sir,
Your prompt reply is much appreciated, may be my question is not clear. Sure that both the petitions have to be applied in 2 different courts of law. My question is related to the procedure for petition under section 482, is it always a joint petition filled by both the parties together. As in our case both the parties have got FIR registered against each other, is it the responsibility of the wife to apply for quashing of both the FIRs at her expenses or both the parties have to apply for petition under section 482 separately to get the FIRs against them quashed.
Looking forward to hear from you.
Guest
(Expert) 06 May 2017
There two modes through which you can get a Complaint/Fir quashed.
Firstly, you file a petition u/s 482 of the Cr.P.C before a division bench of the High Court, argue the matter on merits and get it quashed.
The other mode is that you get the FIR/Complaint quashed by consent. Over here too you will have to file petition u/s 482 and the other party has to be present or may have to file an affidavit consenting to the quashment of proceedings.
Now in your case it seems that both the parties are willing to quash the proceedings by consent. You will have to file 2 petitions, one for the case registered by your sister and the other for the case register by your sister's sister-in-law. It is the accused in each case who files the Petition and the other party consents for the quashing.
It is for the accused to get the proceedings quashed.
Approach a High Court lawyer who can do the same for you.
Harpreet Singh
(Querist) 06 May 2017
Many Thanks Sir, now you are making sense,one last question or clarification in this regards,
As you mentioned that it has to be the accused who has to get the proceedings quashed then why is our Lawyer telling us that he is the one who has to prepare both the petitions in our case and asking us for twice the fees, could it be that other party has approached our lawyer and convinced him to charge us for the petitions and the other party is just going to sit and relax without making any kind of efforts or putting in any expenses
Hope i am clear
Harpreet Singh
(Querist) 06 May 2017
Sir can you please help with a reply
Thanks
NANDKUMAR B SAWANT
(Expert) 06 May 2017
You may file writ petition for quashing f.i.r.filed against you.only
NANDKUMAR B SAWANT
(Expert) 06 May 2017
You may file writ petition for quashing f.i.r.filed against you.only
Guest
(Expert) 06 May 2017
@Harpreet Dear friend, I made sense with my first reply also. You clarified your query later which helped me to give a proper explanation.
I am sorry I cannot interfere with the advice given by your lawyer. What the position of law is I have already elucidated. Accordingly, you can take recourse to the same.
Kumar Doab
(Expert) 07 May 2017
Probably the lawyer wants everything to be in sync.
NO comments on Fee.
Dr J C Vashista
(Expert) 08 May 2017
I agree with the expert advise of Mr. Adwait Bhonde.
Seek services of your lawyer for quashing the FIR from High Court lodged by your sister against her husband u/s 498A/406 IPC.
Similarly another petition has to be moved through your lawyer to get FIR u/s 354/506/509 IPC filed against you.
However, you will have to take guidance from a local tutor to learn the procedure for getting the FIRs quashed.
Harpreet Singh
(Querist) 08 May 2017
Thanks Everyone for sharing your valuable advise and spending some time over the issue
Much Appreciated
Kumar Doab
(Expert) 08 May 2017
Dear LCI Author @ Hapreet Singh
Hope you shall take it positively.
“now you are making sense” could have been drafted in much better words as rest of your posts.
Later you have posted:
“Thanks Everyone for sharing your valuable advise and spending some time over the issue
Much Appreciated”
It is good to see that some authors do come back to thank the experts that posts at LCI and exert to contribute.
Kumar Doab
(Expert) 08 May 2017
Mr. Adwait Bhonde’s posts and illustrations are appreciated in this thread also.
Kumar Doab
(Expert) 08 May 2017
Fully Agreed with Dr J C Vashista, Mr. JEEVAN PATIL.
Rajendra K Goyal
(Expert) 08 May 2017
Agree with the expert Dr J C Vashista, Mr. JEEVAN PATIL, Kumar Doab.
Kumar Doab
(Expert) 09 May 2017
Thanks for agreeing and supporting the cause Rajendra K Goyal.
Guest
(Expert) 09 May 2017
I am grateful to everyone who have appreciated the views/opinions/suggestions posted by me. I look forward to do the same.
Thank you.
Kumar Doab
(Expert) 09 May 2017
Dear Mr. Adwait Bhonde,
You are welcome.
Kumar Doab
(Expert) 09 May 2017
It is heartening and appreciable to note that you look forward to do the same.
Illustrated pots from you are welcome, in future, also.
Wish you the best.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 08 May 2017
