narain raj (student) 24 January 2013

Will hc consider my quashing fir application?

I am in abroad.498a & 406 FIR has been lodged 7months before. Except me all of my family members are in AB.I have applied for quashing FIR in HC. Opposite party got a direction from HC for early preparation of charge sheet.

In the meantime FIR transferred to another police station and police is saying charge sheet is
prepared. Other accused people(my family members) filed a petition in lower court not to admit charge sheet for lack of proper enquiry and pray for revised enquiry under the monitoring of lower court of the JM.
So police is not able to submit the charge sheet yet.

In this stage how HC will proceed about my quashing FIR ?

Can the direction obtained exparte by opposite party be challenged by me in HC?

And how local court will act on admitting charge sheet?

In the event of admission of charge sheet in the lower court, Can my FIR quashing application be modified as

CC quashing application automatically?

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5 Replies

Chetan Joshi (Advisory/Advocacy) 25 January 2013

FIR quashing doesnt generally happens...It is expected to exahust remedies available with trial courts before approaching HC...You may wait for the charge sheet and then file a discharge petition...

Regards

Chetan(dot)7679(at)gmail(dot)com

ANAMIKA VICHARE (LAWYER) 25 January 2013

All have rightly advised

Never make haste in filing quashing in High Court

If you can send me email

I can advise good things which are confidential

But please provide basic details of your marriage and her expectations/intentions

So that I can guide you at one go

Email : anamika_vichare@rediffmail.com

Lawyer Purush Hakka Saurakshan Samittee

A . K . SETH (ADVOCATE--LEGAL ADVISOR) 25 January 2013

An additional relief can be provided by the HC in quashing proceedings, that is of sending the entire case to Mediation and Reconcilliation Centre of High Court subject to certain conditions. If reconcilliation fails there, then appropriate order shall be passed by the HC. However, forget 'quashing'.

akseth advocate. aksethadvct@gmail.com

narain raj (student) 26 January 2013

Thank you all for your response to my query.

@Chetan Joshi: Police is not able to submit the charge sheet in lower court due to my family members petition. And police is asking they need 1 week,2week time like that and getting vaidha..from last 1month for replying to my family members petition.My local lawyer also arguing there and not allowing police to submit charge sheet.Next hearing in lower court is next month.
                And In highcourt opposite party lawyer filed counter to my quashing application and saying charge sheet is framed. My HC lawyer submitted the lower court copy for the proof of no chargesheet submitted to HC judge. Judge gave 1 week time to opposite party lawyer and asked him to give in writing what opposite lawyer said orally. next hearing is next week.And replied to my HC lawyer that even charge sheet is prepared you can pray for quashing FIR.We have the proof from lower court that no charge sheet has been submitted yet.
                I am in abroad. They doesnt know my address and country where i am working. And they are not able to submit the charge sheet in lower court due to my family members petition.
                           Will they be able to create 2 separate charge sheets? like one against me and next one against my family members? Is police can say simply charge sheet is prepared in HC with out filing in Lower court?

@Ashish: Initial 3-4months they intervened to my parents bail application. In 5th month I have applied for quashing. In between this gap they got the expartee direction from HC for early preparation of charge sheet.You have mentioned 'Once the charge sheet is filed and the charges are framed, rest assured that quashing won't happen'.We havent allowed them to file the charge sheet yet in lower court.
In current stage what is the actual status of charge sheet? when HC will consider charge sheets are framed.. HC just need police oral statement or police has to file chargesheet in lower court and produce the proof for that?