Advocate Syed Kaleemulla

Questions Answered by Advocate Syed Kaleemulla

Q: quashing the proceedings of FIR/ 498-A

Hello! In 2022, victim filed a complaint and FIR under section 498A, and the case is ongoing in the lower court with a government-provided Public Prosecutor. However, the respondents are prolonging the case, as the main accused is in abroad and the other accused is in India. Now, in 2024, they have filed a petition in the High Court under section 482 to quash the proceedings, and victim received a "show cause notice”. Should victim hire a lawyer? What's the process for victim exactly?

Advocate Syed Kaleemulla answered
Yes. victim has to engage an advocate practicing in high court and to show to the satisfaction of the high court that there is a prima facie case against the accused and that the case against accused cannot be quashed

Q: Muslim marriage issue husband wife dispute

I am a Muslim married woman.. I have two kids.. due to personal family issues I left home along with my two children... Now my husband wants to do second marriage with out divorce... What can I do..

Advocate Syed Kaleemulla answered
First try to convene a meeting with the elders of you and your husband. If the talks fail, lodge report with police against your husband under section 498-A IPC. Then he may come to a settlement with you. If your husband is a government employee he cannot contract second marriage without giving legal divorce to you.

Q: IPC 380 - Theft in own building

Robbery was done in my house by my wife’s colleague and FIR was filed against him in December 2023. Both parties came to compromise after lot of discussions to solve the case, but judge is not accepting to clear. We have filed Return of Property now, but the counter party is not agreeing to proceed further, as they (accused parents) don’t want any remark on the accused. Kindly suggest how to proceed further. We have been stuck in this from December and it is not at all moving an inch forward.

Advocate Syed Kaleemulla answered
If you want to compromise and if the trial court judge is not accepting you can file compromise petition in the high court. or if you want your property returned, the trial court judge is bound to return it after taking surety from you. if the judge dismisses your petition, you may file a revision petition before the higher court.

Q: Related to higher education when having registered fir

Hello, related to one land issue one of the lady charged fir on my grandparents as a1,a2 and my father and brothers as a3,a4 but in reality he is not involved she charged a false case and fir is registered now my brother is planning to uk studies and he signed a document that whenever there is a hearing he will attend that .. now if he goes to uk.. will that make any problem?

Advocate Syed Kaleemulla answered
No. your brother can seek permission from the court where FIR was received from the police. After taking permission from such court, subject to such conditions as may be imposed by the court, your brother can travel. Or if you really believe that your brother is not involved in crime, he may file a quash petition in the high court for quashing criminal case against him.