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vicky (Executive )     25 January 2012

Procedure in punjab and haryana high court

Dear Experts

Pls guide me regarding the procedure in Punjan and Haryana High Court for quashing Fir under section 498a. As different lawyer telling me diff procedures.


Facts in this case are that in reponse of AB at P and H high court, settlement is done for Rs. 15 lac. 5 lac payable on filing the petition for quashing, 5 lac on first motion and 5 lac on decree of divorce. I filed the petiton for quashing but opposite party did not cooperat and i have to withdraw the same and opposite party file the case for cancellation of bail same is still pending.

Now first motion and final decree has been done and rs. 10 lac has been paid as per order of the court.

now i have consulted with two lawyers at Chandigarh High Court. Both have given the diff opinion. One informed me that i should file the petition for quashing and petition file by opposite party for cancellation of bail would be taged with the same. But other lawyer informed me that without the decision on bail cancellation petition quashing is not possible.

Pls guide me about the right procedure. I will be very greatfull to you






 5 Replies

Pradeep Kumar (Lawyer)     26 January 2012

Dear Sir,

        There are certain questions need to be answered.

Q. Did your settlement happened in the court?Was it reduced into writing?When you went for quashing,on what grounds the other party didn't co-operate?On what grounds they went for cancellation of bail?

Then you say "Now first motion and final decree has been done and rs. 10 lac has been paid as per order of the court" 

What does it mean,Did you get the Mutual Divorce by performing the requisite motions under section-13B?

Your complaint is little vague,please elucidate it.




Pradeep Kumar & Associates


Chamber-208,CSA Block,

District Court,Gurgaon

(M) 09871765000


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 January 2012

The queries of Pradeep Kumar are pertinent.


Shonee Kapoor

false 498a406 victim (tech)     26 January 2012

stick to your getting regular bail first , if u get that ....u won almost...

vicky (Executive )     30 January 2012

Pradeepji I am explaining the your questions below


1 Settlement happened in court and same is mention in order of court.

I filed the quashing after two month of court orders.

I kept party of opposite party update  and informed him the date also when quashing petition coming for hearing.

But before two day before the hearing party file the appeal for cancellation of bail with reason that i have delayed the procedings.

When we talked to opposited party they informed us that they want divorce should be done first and quashing should be done at last.

Now divorce has been done by mutual concent under section 13B...

now opposite party saying that they are ready to cooperate in quashing but has not withdrawn the petion for cancellation.



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

Very good.


Quashing can now happen on this ground alone.  MALAFIDE INTENT





Shonee Kapoor

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