Quashing fir & case withdrawal

Dear Querist

first of all execute a MOU/Compromise Deed with them and file a quashing petition before HC under section 482 of Cr.p.c. read with article 226/227 of Indian Constitution. the ID & address proof alongwith the passport size photographs will be affix.

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Originally posted by : Nadeem Qureshi 9953809956
	Dear Querist first of all execute a MOU/Compromise Deed with them and file a quashing petition before HC under section 482 of Cr.p.c. read with article 226/227 of Indian Constitution. the ID & address proof alongwith the passport size photographs will be affix. Feel Free to Call

Sir thank  you for taking time ! This has happened in state of gujarat and our lawyer is saying that since chargesheet has not been prepared and no production is made it could be withdrawn there itself or is he misguiding us. He is bit lazy and i doubt his opinion that is why i am here to get second opinion. Can you please confirm if lower court has any powers to quash FIR ? or is it only the HC who can quash FIR ?

@ querist your advocate is correct, you can definitely try quashing the FIR in the lower court. The only difference between the Quash in lower court and high court the number of days and amount of fees that you have to pay. I would rather suggest you to change the advocate, don't go to the court with the negative frame of mind about your lawyer. Most of the matrimonial battle are won with the virtue of patience and rigorousness. so carefully plan you next steps....

Question is does lower court have powers to quash or in other words cancel FIR ?

After process is issued same court can not quash any criminal compaint.

If both parties agree than file a joint application before HC and it will be done.

Sir, you can apply for quashing of the FIR in high Court of Gujarat as the case was registered against you in the same Court. But firstly you shall start by signing a MoU or a Compromise deed with your in-laws, then you will have to file a quashing petition in the High Court under Section 482 of CrPC which deals with the inherent powers of High Court. These days it is a norm in the High Courts that the inherent powers of the Court is evoked to quash an FIR. You can place reliance on a landmark case in this regard by the apex court of the country, Geeta mehrotra and anr.V State of U.P wherein it was said by the apex court that a mere casual reference to the family members in a dowry case shall not amount to them being roped in the dispute. SC in the aforementioned case has said that it is a legal duty of the High Court to examine whether a prima facie case is made against them so that they could be directed to undergo the trial.

Regards,

SKapoor

LawKonect

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