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vaibhav   06 August 2025

Opinion from experts on criminal case

Facts:

  1. known lady of mine ( X )had some quarrel with her brother on some domestic issues
  2. brother married and staying seprately with his wife 
  3. X along with her mother and elder brother who is staying with her mother went to brothers house early morning X and her mother went upstairs to brothers flat and elder brother stayed down in parking 
  4. again the family had quarrel in brothers flat .during same both side attacked each other
  5. both parties on bail and not ready for compromsie 
  6. first hearing due soon                                                                                                                   Query: can X file application for quash of name  for her elder brother as he was not in fight . 


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     06 August 2025

If the other brother was also made as an accused in the FIR, then he only can file a quash petition to quash the chargesheet against him for the substantial reasons he may rely upon.

 

R.K Nanda (Advocate)     06 August 2025

Elder brother can file quash petition in high court to remove his name from fir.

Dr. J C Vashista (Advocate )     07 August 2025

It can be filed to quash for the part of one of them.

P. Venu (Advocate)     07 August 2025

Such a petition lies only if the chrge report taken as a whole and accepted in its entrely does not disclose any involvement on the part of the elder brother.

Sudhir Kumar, Advocate (Advocate)     08 August 2025

What exacty is the role of elder brother, as stated in FIR.


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