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Query regarding quashing an FIR
04-May-2023 (In Criminal Law)
Since there is a settlemement finalised against quashing FIR filed in dowry case in a district court, what is the necessary and important matter to be written in the affidavit to be presented in high Court. Q1: Is it necessary to pen down all the details about the settlement or just writing that we(both parties, victim and accused) wish to settle the case by mutual understanding so requesting honorable high Court to quash the FIR filed by the victim against the accused. Q2: Also, will there be a different procedure depending on whether the charge sheet has been filed in the district Court or not.
As the offence under the Dowry Prohibition Act,1961 is non-compoundable, only high court can quash the proceedings in exercise of it's inherent powers under s.482 CrPC. In the affidavit to be presented in the high court, all those facts must be stated by which the high court is satisfied that the proceedings must be quashed in the interest of justice.
Q.1-And.- Yes, it is necessary to mention before high court all the facts about your mutual settlement, so that the high court may find it justified to quash the proceedings.
Q.2-And.- No, there will not be any change of procedure, though the charge sheet may have been filed in the district court. But after filing of charge sheet in trial court, it will be comparatively difficult to get quashing order from the High Court.
Q.1-And.- Yes, it is necessary to mention before high court all the facts about your mutual settlement, so that the high court may find it justified to quash the proceedings.
Q.2-And.- No, there will not be any change of procedure, though the charge sheet may have been filed in the district court. But after filing of charge sheet in trial court, it will be comparatively difficult to get quashing order from the High Court.
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Adv. Pradeep Naik
Indore | 200+ Answers
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You should have to clarify in front of the honorable court about mutual understanding ie what promises pr on what points both parties are agree and ready to obey all that points for example returning of gifts taken during marrige etc
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Adv. Brij Bhushan Pandit
Jabalpur | 200+ Answers
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