Raheel (xxxxxx) 02 January 2012

High court quash petition procedure for false fir

Hi All,

Please help us with the best remedy and a lawyer for the following QUASH petition that has been filed in HIGH COURT of Andhra Pradesh.

Below is the information of both CIVIL and CRIMINAL cases:

Tenant has filed a civil case and got "injunction" orders in 2010.
We are the "owners”, later we filed "eviction petition" which is pending in the principle junior court.
Tenant started demanding GOOD will, NOT paying/depositing monthly rent in the court, and threatening/harshing our family member's.
Tenant STOPPED paying rents. Now, we are NOT in a stage of paying yearly PROPERTY TAXES.
Our house is situated backside of our commercial property.
We filed FIR against tenant in local police station for threatening/harshing our family members while they are passing on street.
Tenant booked under 509 and 290 IPC.
Later, Tenant has filed a "counter blast FIR" against us with a false story in the complaint.
We (owners) booked under 342, 504, and 506 IPC.

Both, I and my younger brother are engineers and working in reputed companies. My father is a Govt Employee.
We NEVER had been involved into any crimes in our life history.
Both CIVIL and CRIMINAL cases are effecting us in both wise FINANCIALLY and PHYSICALLY.
This is a FALSE FIR filed against us for RETALIATION from Tenant to demand MONEY and TIME PERIOD.
Tenant is ENJOYING with this retaliation FIR.
I believe in JUSTICE, but I DONOT know the proper procedure to represent it before a JUDGE in QUASH petition.
Need a Lawyer/Advocate to purse this matter to file a petition for both QUASH and DEFAMATION against TENANT.

I humble request to these FORUM members to advice us with a "best remedy" and a "lawyer" to pursue this matter.

HIGH COURT orders for Quash Petition:

Petitioners approach this Court with a prayer to quash the proceedings in C.C.No.XXXX of 20XX, registered for the offences punishable under Sections 342, 506 and 504 IPC.

Heard.

The learned counsel for the petitioners after arguing the matter for some time, he has sought permission of this Court to withdraw the Criminal Petition while seeking permission to dispense with the presence of the petitioners before the trial court.

Having considered the submission of the learned counsel for the petitioners/A.1 and A.2 and considering the nature of the offences, the presence of the petitioners/A-1 and A.2 before the trial court, is hereby dispensed with, except the dates on which the trial court insists for his presence.

Accordingly, the Criminal Petition is disposed of.

Thanks.

Reply Follow

9 Replies

Sanjeev (Lawyer) 02 January 2012

The cases cant be quashed by HC unless there is a compromise with the tenant and he agrees to withdraw the complaint. You will need to proceed with the trial and defend the cases at the trial court itself.

You have already tried Quash and your lawyer has withdrawn the petition and availed orders for dispensing your personal appearence.

Raheel (xxxxxx) 02 January 2012

Thanks for ur valuable suggestion.

Since, previous lawyer has WITHDRAWN the petition, can we file another QUASH petition.

As per my knowledge, previous lawyer has NOT mentioned CIVIL case information in QUASH petition. He DIDN"T took civil case doccuments from us.

To cross check, I also asked him to give QUASH petition that has been filed. He is REJECTING with some UNRELATED excuses.

Is it possible to file another QUASH petition by mentioning with proper GROUNDS in petition?.

Thanks.

manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK) 02 January 2012

regd

manoj joshi advocate

9927822660

Raheel (xxxxxx) 03 January 2012

Mr. Manoj Joshi Advocate. I'm trying to reach u on the above number. NO response. Please let me know, if u have any other contact number. Thanks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 January 2012

I doubt the same can be filed again.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Raheel (xxxxxx) 10 February 2012

I asked my advocate to show my quash petition grounds that has been filed. He is rejecting to show.

Please, advice on this matter. Thanks.

Raheel (xxxxxx) 10 February 2012

Asking a quash petition ground from advocate araises ONLY, when if he is NOT following client case proper way.

After looking both CIVIL and CRIMINAL cases, Adovacate ASSURED me that QUASH petition will get allowed.

I paid total FEE without ANY negotiation to him.

For some reason, it got dismissed at "admission stage". Justice passed ABOVE orders to our case.

This means advocate DIDNOT filed proper grounds in quash petition. He didn't metioned CIVIL case, eviction suit that I haved filed against tenant.

He has to SHOW to the Judge that this is a CIVIL NATURE case.

I have a trust in the justice. But I need a proper advocate to REPRESENT my case before the court.

Pls adivce and suggest. Thanks.

Raheel (xxxxxx) 10 February 2012

Asking a quash petition grounds that has been filed from a advocate araises ONLY, when if he is NOT following client case proper way.

After looking CRIMINAL cases (complaint, FIR, chargesheet), Adovacate said this a COUNTER BLAST against us and ASSURED me that QUASH petition will get allowed.

ADVOCATE NEVER took CIVIL case related documents from me for filing QUASH Petition.

I paid total FEE without ANY negotiation to him.

For some reason, it got dismissed at "admission stage". Justice passed ABOVE orders to our case.

This means that advocate DIDNOT filed proper grounds in quash petition.

He didn't metioned CIVIL case, about the EVICTION suit that I filed against tenant.

Advocate has to REPRESENT to the Judge that this is a CIVIL NATURE case and TENANT is wasting VALUABLE time of the court with a false complaint.

I trust in TRUTH and I'll get a justice in my case. But I need a proper advocate to REPRESENT my case before the court.

Pls adivce and suggest. Thanks.