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Achyuta Nand (Student)     25 July 2012

Need advice on quashing

Hi my sister has filed an FIR against her husband in june 2011 under 498A. Same date my brother in law (Sister's husband) has filled an FIR against me under 379. As the proceeding of the case has not started yet both the party is on bail but 2 months back again he beated my sister  and snatched her bag at her work place while coming back to home so my sister again filled a case against him under 379. My sister is blessed with two child. They never kept my sister with them while my brother in law used to come and torture my sister to get money from my parents. He has filled the case in west bengal as well under "sec 9" in the month of april 2011.

Now should we go for quash of my case i'e 379. & if i go for quash of 379, will the other case 498a will be quashed aswell ? Plz suggest



Learning

 8 Replies

Anish Thakur 7018812737 (advocate)     25 July 2012

dear querist,

ther is no such law for the quashing of criminal proceedings against the accused however no proving and lack of eveidences fir can be quashed.

quahing of sec 379 will not amonth to quashing of 498a.

consult a good lawyer ,you are making your case weak due to lack of proper guidance as they had filed sec 9 rcr and sec 379 against you

use some hard steps against them otherwise they will come to put there fingers on your ***.

Tajobsindia (Senior Partner )     26 July 2012

  

Originally posted by : Anish Thakur 9459321520

 

ther is no such law for the quashing of criminal proceedings against the accused XXXXX

use some hard steps against them otherwise they will come
to put there fingers on your ***.

 


@ Anish


Where did you learn above from?


Have you ever plead that; the Constitution of India confers powers on the Constitutional courts to quash pending criminal proceedings!.


BTW, quashing of criminal proceedings is for accused person or complainant person Anish ? ? ? ?

In this brief authors brother in law is complainant in a S. 379 IPC case and author of the post is accused person in that first complaint case.

In second complaint case after authors sister filed S. 498a IPC author’s sister is complainant and author’s brother in law is accused person (i.e. her husband) in another S. 379 IPC.

This thread post author is simply asking us can he quash the criminal complaint that means he is asking for quashing of S. 379 IPC filed on him as he being accused person there and you are telling him that his BIL will put fingers in his *** if he goes for quash and also telling him “there is no such law to quash criminal proceedings against an accused person”.
FANTASTIC pls. do not spoil name of Hon'ble SC by going there for practice as your profile says you are a practicing advocate at Supreme Court of India !!!


The Supreme Court in a recent decision ref.: State of
Maharashtra v. Arun Gulab Gawali, noting the amplitude of quash powers and the consequences which they carry revisited the law on the issue (QUASH), read it and correct yourself for atleast public forum writings purposes. 


Attached File : 1069712578 anish.jpg downloaded: 105 times
2 Like

Alok Tholiya (self employed)     26 July 2012

Good advise by Tejob and Ashish 

Achyuta Nand (Student)     26 July 2012

Thank you Everyone for your suggestions. You are really great help to me.

One more thing i would like to know, If i quash S 379. Will that meant S 498 will get quashed automatically ?

Tajobsindia (Senior Partner )     26 July 2012

Originally posted by : Achyuta Nand
 
If i quash S 379. Will that meant S 498 will get quashed automatically ?
 

 1. NO.

1 Like

STUDENT.... (.......)     26 July 2012

Hi Achyuta Nand, Tejobsindia, Alok, Bharat Chugh and Ajit Singh Cheema....

 

Seriously telling you all i being a BA Student was aware about quashing an fir in this situation, however was not aware about the same so deeply.

 

I'm a member here bcoz i like law a lot but since i'm weak in studies and trying my luck since last 10yrs now to complete my graduation but no luck till now. However as per my astrologers they have also told me 15yrs ago that i can be a good lawyer but due to my weakness i know i can't be a lawyer. However i like reading quries and your replies from professionals in this forum and learning a lot from you all....

 

I would like to thank you all for a lovely support  on the same.

 

Regards,

 

Kunal Chib

Ph: +91-9999108998

rajiv_lodha (zz)     26 July 2012

Originally posted by : Kunal Chib

Hi Achyuta Nand, Tejobsindia, Alok, Bharat Chugh and Ajit Singh Cheema....

 

Seriously telling you all i being a BA Student was aware about quashing an fir in this situation, however was not aware about the same so deeply.

 

I'm a member here bcoz i like law a lot but since i'm weak in studies and trying my luck since last 10yrs now to complete my graduation but no luck till now. However as per my astrologers they have also told me 15yrs ago that i can be a good lawyer but due to my weakness i know i can't be a lawyer. However i like reading quries and your replies from professionals in this forum and learning a lot from you all....

 

I would like to thank you all for a lovely support  on the same.

 

Regards,

 

Kunal Chib

Ph: +91-9999108998

Thanx for putting ur personal profile n likes-dislikes in this thread


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