Advocate Karan Singh Khanuja

Questions Answered by Advocate Karan Singh Khanuja (25+ answers)

Q: Want to challenge/quash non-cognizable FIR under sec. 506 ipc

Can a non-cognizable FIR under section 506 ipc be challenged / quashed by the accused / his lawyer? If yes, under what procedure? Thanks in anticipation.

Advocate Karan Singh Khanuja answered
If the content of the FIR discloses that the alleged offence falls under the first part of section 506, IPC, then it is compoundable. In this case, the accused and the complainant may settle and further submit their Settlement Agreement in the Hon'ble Court of the concerned Magistrate.Secondly, If the content of the FIR discloses that the alleged offence falls under the second part of section 506, then the offence is not compoundable. In this case, effective remedy left is to approach the High Court for quashing of the FIR u/s 482 CrPC on merits or on the basis of the settlement arrived.

Q: Bail in POCSO Sections 5 and 6: Grounds and Process

What are the chances of getting bail under POCSO Act in sections 5 and 6 with no evidence during an ongoing investigation?

Advocate Karan Singh Khanuja answered
Though the chances of getting bail in POCSO cases from the Sessions Court are not high, it is still possible if there is no evidence against the accused. As per legal principles, bail is the rule, and jail is the exception. An undertrial accused cannot be kept in jail indefinitely without proof of guilt.

The time frame for how many days to get bail in a POCSO case depends on case facts, court proceedings, and legal representation. A conclusive opinion on bail can be given after reviewing the FIR and available evidence.

Q: Quashing of a fir on 376,506,590,ipc on promise of marriage

Sir mere uper 2018 me 376 506 and 509 ka case lodge hua he...on breach of promise of marriage. Jis women ne mere uper case kra he wo divorced he mere se 10 saal badi he age me..year of incident 2014 ka he or complained 2018 me hua Meri government job lagne ke baad.women State government job me thi Avi suspend he bribe lete pakdi gai he.uske uper contempt of court ka case vi chal RHA he...court me mere saath maar peet vi ki he.mere ko jaan se Marne ki dhamki vi di he uski recording vi court me dala he.case majistrate ke paas se special fast track court me gya he ASJ ke paas he..ext hearing me framing of charges he KY Meri case qusah ho sakti he...

Advocate Karan Singh Khanuja answered
Yes seeing the above stated facts of the case there is a good chance that the quashing will go there and there is a high chance also that the trial can be stayed by the Hon’ble High Court. You can definitely go for quashing and get the trial stayed immediately on the above stated facts.

Q: HOW CAN REOPEN A FALSE RAPE BY ME AS VICTIM HOSTLED WITH HUGE MONEY

A rape charge was framed on so called NRI hubby and on 1.1.19 that NRI suddenly caught & sent to judicial custody. He caught during lading at delhi airport as LOC direction due to rape charged on him.After bail applied by accused he got bail within 10 days. Accused facing loss due to his bis loss in his big business profile then victim use to linger on hearing insread of any evidence but finally she planned a game with brother of accused for huge money. Then she demanded the same as decided with his brother and hostiled after getting huge money. Accuses was in hurry to go back to his country to take care of his business and his brother was also taken commission with victim in this game.Now advise best to reopen this case and we are having all evidence against her as she framed fake case only to extort huge money.Waiting your smart response so i start this proceeding on behalf of accused.

Advocate Karan Singh Khanuja answered
Gather evidence on how she has blackmailed and extorted money from you!! Thereafter, file a police complaint against in the concerned police station for extortion and other penal offences which are made out.If police doesn’t take any action, we can file it in the concerned court for registration of FIR

Q: Complaint Against Educational Institute For Not Providing Quality Educ

An education Institution in central Delhi has not provided quality 190 hours of training in the stipulated period ( 2.5 months in the brochure ) despite making tall promises and taking full payment. I am planning to go for recovery The amount involved is 50,000 RS fees+ mental agony+ time waste. I am not given genuine practical training and not feel ready to handle suitable job roles for which we enrolled in the course. Shall I go ahead and file a claim How much time such cases do to resolve?After serving legal notice by the local area. the institute is just offering 10,897 for 32 hours of training not attended by me. and defending themselves via 2-page letter to me.i cannot go ahead wd same lawyer as he is asking for 30,000 as legal fees for entire case.Should i go for justice on my own in north delhi district consumer court?I want legal supervision till the end of case and unbiased opinion of advocate on strength of my case.I can spend upto a certain point for legal serviceI

Advocate Karan Singh Khanuja answered
You can file a case for the same in concerned court for not providing the quality education as mandated in their brochure!! It seems you have been deceived by the institution. But to give a conclusive and unbiased opinion we need to ho through the legal notices sent by you and their reply.