Raj Kumar (Self Employed) 01 August 2016

Quashing of 420 case

I have got one false 420 case on me. I wanted to quash /discharge the case. Some people say your case is ideal for quashing / discharge. Some say it is very hard to quash / discharge. Some say it is better to have acquital.

I m confused what to do ?

When to go for quash and when for discharge? my charge sheet has been filed 6 months back.

Is there any timeframe for both?

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4 Replies

Nitish Banka (lawyer) 01 August 2016

without FIR can't comment

Regards

Nitish Banka

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 01 August 2016

If the trial has already proceeded to an extent, its better for you to argue the matter on charge instead of opting for quashing.

Augustine Chatterjee

Advocate & Solicitor at Law

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Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 01 August 2016

Sir,

Hon'ble High Courts are quashing the matters if they found the matter to be false, because generally civil cases are being booked under cheating and therefore if you could share the FIR, I will be in a better position to comment on the result of the case.

You can read my article on cheating at https://kapilchandnaadvocate.wordpress.com/....and get back to me.

Warm Regards

Kapil Chandna Advocate

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Raj Kumar (Self Employed) 01 August 2016

Thanks sir.

Trial has not started. I read at one place that if a civil case is pending for same subject matter and you have handed over possession then criminal case does not stand.

Please give me your expert opinion .