Fir quashing


Hi,

My brother's wife filed a 498a and 406 FIR after separation with my brother (with my name as an accused in it) and started asking for money to settle the matter (as it happens). Everyone knows how a typical 498a scheme works. After investigation police filed charge sheet but excluded me from challan.

Later, my brother and his wife reached a settlement and my brother gave her the money to settle. Now the Quashing based on mutual settlement is coming up for hearing in a few months. My name is not in the chargesheet. Chargesheet has been filed but charges have'nt been laid yet i.e. hearing for charging accused hasn't happened yet i.e. charges are not finalised yet, howerever one wants to put it.

My question is - Do I have to be physically present in court in India on the day of hearing of Quashing petition? or Can I give a PoA or something to our lawyer to represent me to save me from travelling? I mean I am only a collateral accused and not even in the chargesheet?

Rahul

 
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Advocate

You need not bother as you're not charged by police. The quashing of FIR is based on the Charge Sheet and against persons charged for offence in the charge sheet. You can engage an advocate to be present in the High Court proceedings if you so desire by giving power of attorney/vakaltnamma. No need for personal appearance.
 
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Thank you for your reply sir. Very much appreciated. That is what I was hoping for.

 
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