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rohini   07 February 2018

Quashing FIR under IPC 306 in Punjab and Haryana high court

Hello,

Let me explain you little bit our case, my sister-in-law did file case against my brother and our all family including uncle and aunty under IPC 306 as his father did suicide and left suicide note mentioning names of my brother, sister and parents and other relatives. When this incident happened, my parents and sister were out of country where they are living from last 10 years. But still her father did suicide and mentioned names of all of us in note. After that, my sister-in-law also filed complaint against us blaming all of us reason of his father's action. 

After 1 year, we had compromise with sister-in law and filed quashing under high court chandigarh, in absence of my parents and sister who are NRI and were not present during this incident. Still lower court declared them PO. So what our our chances to quash FIR under IPC 306 based on compromise.Also, now my sister-in-law died coz of sickness. Does my parents and sister need to be here to do FIR quashing as they are PO?  Please help me and guide me what could we do in this case when they are not here. My parents are not in good health after suffering all this. Please reply me and guide  me.

 

Thank you very much!!
 



Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     07 February 2018

The real problem was that you engaged some inexperienced lawyer for Punjab & Haryana High Court for quashing petition of the FIR. The issue that few of the named accused were NRIs not present in India was no excuse for not making them party in the quashing petition so that the FIR and all proceedings against them could also be quashed simultaneously.

Now let me tell you, I got the FIR and all proceedings against all my clients (3 in number) sitting in Australia, none of them ever came to India and just on their power of attorney given to me, I got the compromise done in their absence, got divorce by mutual consent (both motions done in District Court Chandigarh), the quashing done in the Punjab & Haryana High Court, Chandigarh on the basis of compromise without any of them ever coming to India even once. All the legal process and court proceedings done on their power of attorney given to me their lawyer and not even related to them or known to them before they contacted me and engaged me for the legal service. This called experience and capability which your lawyer lacked.

Now what you need to do, file a fresh quashing petition in the High Court on behalf of the accused who have been declared PO by the Subordinate Court. The main complainant is no more alive but the compromise entered between both parties and quashing order of the High Court relating to other accused be attached as relevant documents with the quashing petition. If these persons unable to come to India fearing getting arrested, they give power of attorney to someone to do the process on their behalf in the Indian Court.

Definitely the FIR against these few will also get quashed if the matter handled properly by some learned lawyer, otherwise, God Bless Your Soul! 

 

1 Like

rohini   07 February 2018

Hello Sir, Thank you for your response. compromise had 2 NRI sign and names too via PO but do NRI have to have come to india to quash po and the FIR, is there any other way we can handle this.

Vijay Raj Mahajan (Advocate)     07 February 2018

I gave you my case example and need not add anything more. What all your attorney/lawyer telling you I just don't want to comment.
1 Like

Kumar Doab (FIN)     07 February 2018

In any case or for any case, litigation one should chose a very able Senior LOCAL counsel of unshakable repute and integrity specializing in concerned filed of law and having successful track record….

For simplicity; one takes care to ask, check with many vendors while going for a commodity say; Bhajiya, Bhaji, Vegetables, grocery and …………..so one should be concerned and careful while handling litigation as IT is much serious matter in one’s life …and choosing a counsel….more so for complicated matters and when stakes are high…

The Punjab & Haryana High Court is one of the most busy High Courts and Expert counsels are available to the clients that come to HC to attend litigation……….

It shall be surprising if one cannot find a counsel as suggested above…

It is another matter if one does not try and search …………

By now after posting the query and reading the responses you must have realized that you need to find a counsel as already suggested above…..

If you are concerned and are in India search and find a counsel for your matter.. as already suggested above.

1 Like

Kumar Doab (FIN)     07 February 2018

I can tell you about senior counsels who are successful in courts, HC………….and whose students became successful Lawyers, Judges, Chief Justice in HC, and Supreme Court of India……. However it is the litigant that should search and find with own effort….

This is the best thing that one can do for one's case, sake and cause.

 

Kumar Doab (FIN)     07 February 2018

In any case or for any case, litigation one should chose a very able Senior LOCAL counsel of unshakable repute and integrity specializing in concerned filed of law and having successful track record….

For simplicity; one takes care to ask, check with many vendors while going for a commodity say; Bhajiya, Bhaji, Vegetables, grocery and …………..so one should be concerned and careful while handling litigation as IT is much serious matter in one’s life …and choosing a counsel….more so for complicated matters and when stakes are high… The courts at Delhi are  one of the most busy Courts, Civil Courts, High Court, Supreme Court,  and Expert counsels are available to the clients that come to courts to attend litigation……….

It shall be surprising if one cannot find a counsel as suggested above… It is another matter if one does not try and search …………

By now after posting the query and reading the responses you must have realized that you need to find a counsel as already suggested above….. If you are concerned and are in India search and find a counsel for your matter.. as already suggested above.

 

Dr J C Vashista (Lawyer)     08 February 2018

Very well analysed, explained and advised by expert Mr. Vijay Raj Mahajan, I fully agree and appreciate his acumen.

As advised, file another petition for quashing of FIR through a prudent local lawyer with attorney on behalf of NRI clients. 

1 Like

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