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pooja (developer)     11 April 2012

Need info on quashing

 

my jethani's mother has filed a false 498 and Dv case against my jeth and the whole family including parents,brother(my husband), sisters and brother-in-laws. She filed FIR from Patna whereas on the same day my jethani filed another FIR  from Udaipur accussing only my jeth parents and one sister.my jeth and jethani were living in Udaipur where as parents live in bihar, sister and brother in law live in maharashtra and brother lives in United States. nobody went to Udaipur so there is no question of domestic violence. parents and one sister went for only few days but they had a good time with my jethani the proof of which are the photographs of those days.
 
my brother-in-law is arrested for the same on false grounds as the Investigating Officer is friends with the other party. he is being sent to jail and his regular bail case is going on in patna.
 
Now, there are 2 FIR for the same case in 2 different states ( Bihar, Rajasthan) . We have filed for Anticipatory Bail from patna for which hearing is due in the last week of april.We cant roam about freely as the opposite party has high contacts in police. they are harrassing us everyday. we are thinking of filing for quashing in Patna High Court  as we have all the proofs that their FIR is totally false. 
 
My question is ,
 
1:if we file for quashing will our anticipatory bail petition be affected? 
 
2: how long does it generally take for the Patna High Court to give decision on quashing?
 
3: will the accussed in FIR ( my family) be required to present in court?
 
4: what if we lose case?
 
5: is it safe to get anticipatory bail first and then file for quashing or the two can go simultaneously in court?
 
6: will filing for quashing give us some sort of stay order on our arrests?or will the threat to get arrested continue?
 
any help is appreciated....


 2 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     11 April 2012

you may send your copy of FIR and we will appear on behalf of you and quash your case.

only one person will be required to appear in Patna high court and within few days, you will get stay order and arrest of all of you will be stayed.

For detailed discussion plz mail us at adv.kamal.grover at gmail

or call me at 98I4IIOOO5

Guest (Guest)     11 April 2012

Dear Pooja,

 

Althought there is no bar to the anticipatory bail and the quash petition being heard simultaneously, but there is a set practice which is followed in such matters, which is to first file for anticipatory bail to ensure that the accused don't go to jail and then apply for quashing of the FIR irrespective of whether the AB has been granted or not. No time frame can be predicted as regards the disposal of the quash petition. A prayer for stay of the proceedings in the lower court is made within the quash petition, and it is the discretion of the HC as to whether it accedes to the same or not. Normally, the stay is granted. The presence of only one member during the hearing would suffice.  If the quash petition is dismissed, you have no option but to face the trial and prove your innocence in the lower court.

 

REGARDS,

ASHISH DAVESSAR

ADVOCATE

DELHI, CHANDIGARH

08427414792


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