Rahul Choudhary 27 September 2017

498a quashing in high court

Hi Everyone My wife and I are going for the mutual consent divorce. My wife agreed to take/quash the 498a case. My lawyer is from session court and saying he can't apply to quash 498a FIR and he would seek some lawyer from high court since it will be applied there. Is this correct that session court lawyers can't file an application in high court. My assumption was that anyone could file an application. Also how long does it takes to Quash 498a in Delhi High Court. Will there be any problems since my wife will give her affidavit? Any issues raised by judge or investigating officer? Please guide me. Thanks Rahul

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6 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 27 September 2017

With recent SC judgment no need to go TO HC. Sessions court can pass order.

Get copy of this Judgment from the IT liabrary. of the court or any CIBER CAFE.

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1265 OF 2017
[Arising out of Special Leave Petition (Crl.) No.2013 of 2017]
Rajesh Sharma & ors. …Appellants
Versus
State of U.P. & Anr. …Respondents

In cases where a settlement is reached, it will be
open to the District and Sessions Judge or any
other senior Judicial Officer nominated by him in
the district to dispose of the proceedings including
closing of the criminal case if dispute primarily
relates to matrimonial discord;

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Rahul Choudhary 27 September 2017

Thank you sir and I have read the order as well. Just wanted to make sure that FIR under section 498A/406 can be considered as well?

I will show this to my lawyer and take a chance.

Thanks

Rahul

Siddharth Srivastava (Advocate) 27 September 2017

As such there is no bar on advocate's appearance in high court. If it is mutual case then it will take 15 days time and if notice is issued by court to police etc. then it will take 1-2 months time. As such judges does not raise any issue.

(Guest)

You will go to jail if you took dowry.

Rishi kumar 29 September 2017

Rahul Chowdhary did not ask you whether he will go to jail or not LAWYER SIR

Anamika Vichare (Practising Lawyer) 03 October 2017

As per the consent terms, your lawyer or her lawyer can file Quashing Petitioh in High court. I gues your lawyer does not want to do HIgh COurt work, you can enagge another lawyer. It is

queston of fees after all. Qushing doesno take filing and one date aas your wife will be giving xonsent

One date's matter