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praveen (Electrical Engineer)     10 October 2017

Quash petition clarification

Experts and Senior Members,


1. Wife filed 498a, 354 in First FIR on seven members of family. (A1,A2,A3,A4,A5,A6,A7)

I approached Honoble High Court of Telangana with advocate and filed QUASH Petition, Court has granted stay for A4 and A5

2. Last week when both parties agreed for the compromise, we filed Quash petiton, Charge Sheet has been filed only on A1, A2, A3, A6, A7

Note: Police has not submitted charge sheet on A4, A5 because they both live in abroad.

My advoate has filed two petitions one is for A1, A2, A3, A6, A7. AND separete petition for A4 and A5. (This petition has to come on the bench)

In court Judge has quashed only the petition A1, A2, A3, A6, A7

3. Now, advocate was telling me that already FIR has been quashed, but no need of filing the petition on A4, A5.

In order copy it shows only the petitioners 1, 2,3,6,7 has been quashed

What about A4 and A5, Quashing FIR is required or not them?

Thanking you in anticipation




 7 Replies

praveen (Electrical Engineer)     10 October 2017

Experts and Senior Members please respond to the Query

manoj   10 October 2017

when Judge had quashed against A1, A2, A3, A6, A7, the remedy against other accused should be obtained through process of law, otherwise the Investigation officer is having right to refer the case against the other accused. 





Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 October 2017

If your advocate says FIR is already quashed on A4 and A5, how you are saying the honourable court granted stay on A4 and A5 without charge sheet by police ?

praveen (Electrical Engineer)     10 October 2017

Thank you for your prompt reply sir.

Earlier in 2014, A4 & A5 got stay from court, during the years 2014 to 2017 remaining accused attending the session court, police filed charge sheet only on A1, A2,A3,A6,A7. police has not filed charge sheet on A4,A5, but these two accused are also included in the FIR.

This case has been splited


manoj   10 October 2017

when case is splitted the remedy available to you is not there to the accused 4 and 5. They have to wait till the disposal of the stay petition in high cout and it is my better advise ask your lawyer to file certified copy of the quash petition in the pending suit so the accused 4 and 5 will be quashed in FIR stage. so the things will come in your goal and you all will come out of total proceedings.




SUNDARAVADIVELU   11 October 2017

Squash petion to be obtained for both the accused since their not appeard in the order, file again and attach support this order copy


praveen (Electrical Engineer)     17 October 2017

Seniors and Experts,

For A1,A2,A3,A6,A7 ChargeSheet is Quashed and Order copy is also ready, In order copy clearly says A1,2,3,6,7 aquitted.

But, A4,A5, names mentioned only in FIR on this accused no charge sheet has been filed by police.

So, on what process we have to get them out of this situation.

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