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swagath (md)     23 February 2012


dear friends i have certain doubt

1. in quash petition does the whole story of the marriage to filing of case should be said or not?

2. OR Just the allegation in the FIR shopuld be pointed out

3. Does in the first hearing the petitioner should explain the grounds in full or partial iuis enough to satisfy th judge.

4. Should the documents (Uncontrovened) should be submittted with petiton or during first hearing or at the time of argument?

kindly suggest


 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 February 2012

It is not necessary to say everything in the petition.  Just you have to argue how section does not applicable and how it is entittle for quash.  And there is no wrong if it is said in brief about the mrriage story.

Advocate Shaad Anwar (Founder and Managing Partner)     24 February 2012




Kindly let me know wheather you are moving for quashing of FIR or quashing of Chargesheet.

In quashing of FIR, if the allegations made by the complainant  presumed to be true than no prima facie case is made out than court will quash the FIR or the allegations made by the complainant is so improbable .

Thanks n Regards,

Advocate Shaad Anwar
K-160, Tis Hazari Courts
Mob- 9811038828

Dr J C Vashista (Advocate)     25 February 2012

In order to quash FIR you are required to move u/s 482 Cr. PC and convince Hon'ble High Court giving complete details, (no short-cut).

It is neither compulsory nor presumed that allegations levelled in a complaint are true in a FIR quashing petition as advised by Mr. Shaad Anwar.

Complete set must be submitted. 

Advocate Shaad Anwar (Founder and Managing Partner)     25 February 2012

@ Dr Maj J C Vashista, #98911529,

At the time of quashing of FIR, court will not consider any documents file by accused.

One can move HC for quashing of FIR by preferring Cr. Writ Petition under article 226 of Constitution of India read with section 482 CrPc.



Advocate Shaad Anwar
K-160, Tis Hazari Courts
Mob- 9811038828


DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 February 2012

Thousands of quash petitions are dismissed at admission stage , only most exceptional cases are heard.

Please read the latest about QUASH FROM SUPREME COURT.




ARISING OUT OF S.L.P. (CRL.) NO. 10005 OF 2009
Court also referred to the decision of this Court in
State of Haryana v. Bhajan Lal  reported in 1992 Suppl. 1
SCC 335 and also to the settled position of law that
genuineness of the allegations/charge is an issue to be
tried and the Court in exercise of its jurisdiction under
Section 482 of the Code of Criminal Procedure cannot
delve into such factual controversy so as to quash the

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