Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kash Arora   18 December 2015

Quash petition and supreme court laws questions


I have filed a divorce petition in April 2015 at Family court (Hyd) on the ground of her medical unfit and physical abuse and cruetly  and my wife filed a 498A at NGP police station on Nov 2015.  We were married in June 2012 and have no children. When I filed the petition for divorce I am in India and she has been staying abroad. 

Here are my questions:
1. The FIR has been registered against me and my family. We have gone to the PS and given our statements (bayan) before the investigation officer. We have been granted anticipatory bail for all of us. When should I proceed to quash the FIR? Before the charge sheet or after the charge sheet.?

2.  When the police prepares the charge sheet do we have to provide all the evidences to falsify the allegations that she has raised for me and my family? 

3. What is the procedure for quashing the FIR at this stage of my proceedings?

4. Can we get a letter of discharge from the lower court (court that has given us bail) under section 227 and section 239 so that after this we then proceed for filing the quash under section 482 CRPC with high court in NGP?

5. How can I take an order from Supreme court so that all my family members are safeguarded before she appraches to appeal in SC for decision of HC for quash petition or anything else?

6. I also heard from reliable sources that she has approached filing in transfer of case from family court hyderabad to her own city to Supreme court. How do I safeguard myself and my family and how can i bring the case back to Hyd as my parents are medically unfit and I have to be with them all the time for medication and cannot afford to go to supreme court in Delhi. Should I wait for the news from family court to come or I proceed well in advance to SC to stop for initiating transfer?



 3 Replies

AS   19 December 2015

The FIR has been registered against me and my family. We have gone to the PS and given our statements (bayan) before the investigation officer. We have been granted anticipatory bail for all of us. When should I proceed to quash the FIR? Before the charge sheet or after the charge sheet.?

As far as i know , valid both ways ...But my suggestion is before chargesheet filled.

 

When the police prepares the charge sheet do we have to provide all the eviour cards dences to falsify the allegations that she has raised for me and my family? 

Voice recordings etc yes..but dont open all of your defence if police officer is corrupted then he might open your cards to opposite party

 

. What is the procedure for quashing the FIR at this stage of my proceedings?

Section 482 , High court. Speak to your lawyer.

 

Can we get a letter of discharge from the lower court (court that has given us bail) under section 227 and section 239 so that after this we then proceed for filing the quash under section 482 CRPC with high court in NGP?

Vague query

 

How can I take an order from Supreme court so that all my family members are safeguarded before she appraches to appeal in SC for decision of HC for quash petition or anything else?

Section 482 , High court then if required move to supreme court.

I also heard from reliable sources that she has approached filing in transfer of case from family court hyderabad to her own city to Supreme court. How do I safeguard myself and my family and how can i bring the case back to Hyd as my parents are medically unfit and I have to be with them all the time for medication and cannot afford to go to supreme court in Delhi. Should I wait for the news from family court to come or I proceed well in advance to SC to stop for initiating transfer?

Well when she move to supreme court , you will get notice. Fight it out on merits.

 

Anand Bali Adv. (Advocate Solicitor & Consultant)     19 December 2015

Dear Mr Arora,  

Only criminal case’s; FIR’s can be quashed from High Court under Sec. 482 of the Cr P C. Thus, it is better to approach the court after IO's Status Report as all the things get clear by that as to the degree of the crime if happened? 

You need not to submit the documentary evidences to the IO but should cooperate him in the investigation and make reference of it to him but do not hand over him as these are vital evidences to prove your innocence in the court.

What Kind of Discharge letter you are referring here I am not able to understand as no discharge letter is issued from any lower of session court only the accused is pleaded guilty or not as per the court judgements.

For precautionary step you can file a caveat in the Supreme Court so that when ever they file any Transfer petition in the Supreme Court you should be informed and without giving a chance to hear no decision should be taken by the court on their petition for transfer the case.

 Foe=r any thing more you can either call me, Visit my office or send me a PM.

T. Kalaiselvan, Advocate (Advocate)     26 December 2015

You have posted lot of questions seeking answers for all of them.  

You have not made any clarification from your own lawyer about all these. 

Almost all the questions are out of anxiety and not based on any real situation, however your own advocate will be having proper answers to them as he is well acquainted with the prevailing situation. 

Despite repeating the same questions in a different manner learned advocate Mr. Anand Bali has given proper opinion as well as suggestions which are more appropriate and I concur with his views. 

You may call on learned advocate Mr. Bali's office by fixing an appointment with him for detailed clarification in person for all such further issues. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query