Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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498Vict (None)     05 May 2013

498a quash procedure in highcourt

My wife had filed 498a,323,506(2),114 and 125 on me before 2 months and chargesheet is not yet filed . Now we are on terms of compromise . I have to be abroad in next 2 months . I did read that fastest way to resolve the matter is to file for a quash in HighCourt but what is exactly procedure for the quash . 

1)Generally how many days it takes to get date in highcourt  ?

2)Once case is quashed do we still have to wait for lower court trial ? or as far as highcourts order is there case is removed ?

3)My passport was collected by court how long will it take to get passport back once case is quashed .



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 May 2013

You will have to file a writ challenging the charge sheet, if it is filed.  

Time cannot be said because there iwll be listing procedure in the high court.

Shantanu Wavhal (Worker)     05 May 2013

u need strong grounds to succeed quashing u/s 482 in HC

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     06 May 2013

Dear Victim, If you have compromised with your wife before the mediation and conciliation centre or before any court, your compromise terms & conditions are settled get the copy of that. Get the Petition u/s 482 Cr.P.C prepared immediately and endorse from your wife that she has no objection if petition is quashed. Before High court she has to appear along with you and it will be quashed on same day of listing before high court but this process will take at least 5-7 days in Delhi. consult the lawyer in which state and district you are residing. Rajiv Bhasin Advocate 9811210505

ajeykumar b chinagudi (accountant)     27 July 2013

respected all,


my wife made FIR against me and my parents in the month of march'2013 and we got bail also and visited police station for signing upto 8 weeks . But still now they are not made charge sheet and present to court.


my question is that how to quash this case and one more thing yesterday only we filed regarding about my parents quash case for this any notice will go to my wife?? or it will quash immediately.


Can I also lodge the quash against this case????


kindly suggest me immediately.


regards

Adv. Chandrasekhar (Advocate)     27 July 2013

until you and your wife come to settlement to quash the S. 498-A case,  it is very difficult to get criminal case quashed.  Your parents' quash case, notice will go to the State and your wife will also appear there.  In your case also, you can file quash petition, but till your wife gives consent for quash, it is difficult to quash.

ajeykumar b chinagudi (accountant)     27 July 2013

dear sir,


thanks for giving information ..


How to get out of my parents from this case because my wife made very illigal points and that points are totally irrelevent the reason is that wife was with me but parents are staying in other place.

 

kindly give the advise to get out of my parents and about me also sir

 

i never asked her to bring money from her father place and i am very against for dowry also my parents but she made main point this only harrashment for dowry and beating , shouting etc...

 

do the needful for advise


(Guest)

come up with a new thread citing your problem---------

Vipin Kumar Sehgal (Retired )     06 March 2015

Can I get a sample copy of Quash Petition U/s 482 to be filed in Panjab & Haryana  High Court for  quashing  the case of  IPC 498a  after  compromise MOU between both the partes at E-mail

vksehgaldgm@gmail.com


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