Advocate Vaibhav Parashar

Questions Answered by Advocate Vaibhav Parashar (25+ answers)

Q: Quashing of false FIR registered under section 376,506,120-b of IPC

False fir under section 376,506,120b of IPC and 67 of IT was lodged against me, my wife and my son in Dec., 2017, citing an happening in 2013 (which never occurred). Me and my wife were quitted by special session court Fatehgarh Sahib in Dec., 2022. Challan against my son was not put up to the court as he has been in Australia since 2012. LOC had been issued against my son. Please suggest me a very intelligent Advocate for quashing FIR against my son, who is an Australian citizen.

Advocate Vaibhav Parashar answered
You and your wife's acquittal in 2023 strengthens the case for quashing proceedings against your son, as courts often quash FIRs when allegations lack prima facie merit or co-accused are exonerated, per State of Haryana v. Bhajan Lal guidelines.

Q: Child Visitation Rights concern

Hi..During the divorce filing it was agreed that he will not reach out to kid and even in his application and during the court proceeding he mentioned he wont require visitation rights as he has no feelings for the kidDespite this the ruling court gave provides him with visitation rights..this leads to more paper work when we apply for kids passport etc....how can we remove his visitation rights on paper as he anyhow wont meet him.

Advocate Vaibhav Parashar answered
For a minor's passport when parents are divorced, submit Annexure C declaration if the custodial parent (you) applies alone. Select option (c): custody assigned without visitation rights to the other parent, attaching the divorce decree/court order. This avoids needing the father's consent, as no visitation exists as per agreement.

Q: Regarding accident claim as u met with an accident

I met with an accident.I need legal advice on how to claim insurance from the other party who hit me with his car

Advocate Vaibhav Parashar answered
You are entitled to claim compensation from the at-fault driver's insurer for injuries, medical expenses, and damages and you can also claim compensation to your own insurance company if you are traveling in an insured vehicle. Report the accident to the nearest police station right away and obtain the FIR. This is crucial evidence under Section 158(6) of the MV Act to prove the other party's negligence. Gather photos of the scene, vehicle damages, your injuries, and the other driver's details (like vehicle number, insurance policy if available).

Q: Company used forged documents to sue me

I resigned from a company on medical grounds . I was ready to give them 2 months salary as per agreement . Company also has my final settlement salary of 40 days . Currently my case is going on but my lawyer is pressurizing me to file a seperate criminal case along with civil suit filed by company. Do we have to opt for a new case to challenge forged document or can we settle this dispute in current civil suite only. I think my laywer is greedy . He wants t0 drag the case unnecessarily.

Advocate Vaibhav Parashar answered
You can challenge the alleged forged documents effectively in the pending civil proceedings themselves and a separate criminal case is legally optional, not mandatory.Further filing a criminal complaint for forgery or cheating is your legal right, but it should be done only if the facts genuinely disclose a criminal offence and you are prepared for a parallel, longer process; it is not a compulsory step for defending the present civil suit. Further more, whenyour lawyer suggests additional litigation including criminal as well as civil, then I cannot comment personally on any lawyer.I can only suggest in my opinion that you should proceed with your Civil Suit and whn you get favourable order then oy you proceed further with criminal or any other litigation.

Q: Granting bail against my case convicted sec 392 34 IPC and sec 411IPC

My brother was convicted under Section 392 read with 34 IPC and section 411 IPC . Please help me to know the bailing procedure as soon as possible.

Advocate Vaibhav Parashar answered
Hello, I. reply to your query. It is necessary to file Appeal before appellant authority alongwith an application for suspension of sentence and the limitation of filing appeal is 6 days from the date if quantum of sentences order.