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Can FIR u/s 498A be quashed in Husband's absence
07-Feb-2023 (In Criminal Law)
Accused (the husband) is in USA and in no conditions can come back. Wife under settlement is now ready to file petition for quashing a FIR. Can HC allow the quashing without the personal appearance of husban? Refer any case law also...
hello
Facts are not cleared in yours query.
To file a quash petition your presence is not needed. So if you plan to file a quash petition based on your innocence as there is no material to prove that you are guilty, go ahead and file for it, entrust your lawyer.petition under 482 Cr.P.C is not always granted, so if court allows it good other wise it is not going to affect you in any manner.
Facts are not cleared in yours query.
To file a quash petition your presence is not needed. So if you plan to file a quash petition based on your innocence as there is no material to prove that you are guilty, go ahead and file for it, entrust your lawyer.petition under 482 Cr.P.C is not always granted, so if court allows it good other wise it is not going to affect you in any manner.
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Adv. Naresh Kumar
Delhi | 100+ Answers
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If you have compromised with your wife before the mediation and conciliation center or before any court, your compromise terms & conditions are settled, get the copy of that. Get the Petition u/s 482 Cr.P.C prepared immediately and endorse from your wife that she has no objection if petition is quashed. Before High court she has to appear along with you and it will be quashed on same day of listing before high court but this process will take at least 5-7 days in Delhi. However, you can ask your lawyer to file an exemption in the court stating you are out of the coutnry and unable to attend the court proceedings. Consult the lawyer in which state and district you are residing. Case law: Seemant Sinha & Ors vs State & Anr
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Kindly case law will not help you until and unless you will not mention the relevant facts about your case I meet you say you have not mention regarding domicile which will play every great role to search relevant authority which may be helpful for your case....
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Adv. Siddharth Dev
Delhi | 200+ Answers
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Yes high court may quash the fir in the absence of husband without seeking his personal appearance. The relevant documents placing before the court the reasons for his absence would be required to justify the non appearance
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Adv. Rakesh Mukhija
Delhi | 25+ Answers
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To prevent abuse of the process of the court and to save the innocent from false prosecution at the hand of unscrupulous litigant, the criminal proceedings, even if they are at the stage of framing of the charge, if they appear to be frivolous and false, should be quashed at the threshold.
http://mynation.net/docs/4572-2014/
http://mynation.net/docs/4572-2014/
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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