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sudha (n/a)     27 February 2016

Quashing process

Goos evening experts , 

need some information regarding quash petition for case filed with 498(a) and 420 sections

The accused filed for quash and high court granted a stay.

it was not yet quashed and the stay is still pending , the witness hired a lawyer to contest the case .

now the lawyer who filed vakalath on behalf of the witness is not responding properly .

will the high court quash the case with out informing any thing to the witness ?


 2 Replies

rajendra (na)     27 February 2016

quash happens on rare grounds.....

in general state pp will argue in respect to the case 498a (even though you hired a lawyer this is only to help PP)  and the accused will hire a lawyer....

if the court granted stay then the complainant can file the vakalath in high court and ask the court to remove the stay....Then the court will conduct arguements(no evidences considered in quash or age)

without seeing the case docs no can say whether quash happens or not.....

Please Personal message me with details

Mallikarjun   17 March 2016

@Rajendra -

1) How could complainant/Respondent no.2 lawyer can vacate the stay by filing vakalath when there is a PP to take care..?

2) If Court has given stay, that means Justice would have gone through initial brief of FIR/complaint and found out false/loopholes. So stay is granted and also extends.

3) Without going through arguments from advocates how can court vacate stay..? Stay in some cases of FIR quashing doesnt work as Police wouldnt have done investigation at all, so they cannot apply for stay vacation.

Please opine sir, I have those process in mind.


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