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Mentally Depressed (will tell you later)     10 August 2012

Whether i should go for quashing fir or go for regular bail?

Dear Sir,
 I have unnecessarily been dragged by my sister in law on the false case of Dowry Harrasment u/s 498-A,406 /506 ETC and applied for Anticipatory bail(A.B) before session court which granted me A.B by citing that I have not been residing with her and there are no specific allegations aginst me and granted bail for limited duration and directed me to file for regular bail..

My query is since I have been victimised by due process of law which session court too has affirmed ,,whether I should go for quashing of FIR instead of regular bail?..whether I SHOULD HAVE TO BE SUFFER MERELY JUST ON VAGUE ALLEGATIONS



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 August 2012

Taking regular bail won't take away your right to file for quashing FIR in the HC. If you have good grounds then go for quashing too.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 August 2012

If you have the time do go in for quashing, with such observations there is good hope in the High Court, the court can quash the FIR qua you atleast, following which you can institute counter criminal cases against them.

2 Like

rajiv_lodha (zz)     10 August 2012

AB protects u from ARREST, investigation n other process goes on

FIR quash drops ur name from any further proceedings.

1 Like

Human (MRA)     10 August 2012

You can file for Quash depending on Merits.

 

FIR Quashing timing has nothing to do Bail or no Bail.

 

Remember that if Quash is partial Quash, your harassment will still continue as Trial court will keep you on with process of Trial for those sections which are NOT Quashed. So be very clever while you file for Quash of FIR.

 

You get regular bail from Trial Court only once Chargesheet is filed so then you need to go for Chargesheet Quash (which is better as then Police does not have option of build on the FIR while submitting their Investigation Report).

 

Till CS is filed, you can go for FIR Quashing and post that you can go for CS Quashing and after Charge Framing you can still go for CS Quash (Chances become from 5% to less than 0.005%).

 

You being Mentally depressed is what other party wants. Dont help them.

1 Like

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