Advocate Yuganshu Sharma

Questions Answered by Advocate Yuganshu Sharma (700+ answers)

Q: E fir Fir quashing police station dabri

Mera naam ankush kalyan mein gurgaon Sector 10 mein rheta hoon 20/03/02026 kl mera mobile kisi ne chori kar liya tha uske baad mene e fir karvai 24/04/2026 ko mera mobile mil gaya jiske baad mein police Station gaya or statment di lekin uske baad bhi meri fir close nahi ki or na hi imei number unblock kiye gaye hain m 2 baar ja kar statment de chuka hoon lekin police Wale sunte hi nahi hain to ab mujhe court se krvana hain mene kaafi jgha baat ki lekin sub 5k 3k bta rhe hain mera last 2500 hain

Advocate Yuganshu Sharma answered
Aapke facts se clear hai ki aapka mobile chori hua tha, aapne e-FIR bhi kar di, baad mein mobile recover ho gaya aur aapne police ko statement bhi de diya. Iske baad police ka FIR close na karna ya aapka number unblock na karna galat practice hai.Law ke hisaab se, jab property recover ho jati hai aur complainant ko koi further grievance nahi hai, to police ko final report/closure report file karni hoti hai under Code of Criminal Procedure, 1973. Aapka statement already record ho chuka hai, isliye unnecessary delay justified nahi hai.Aapko yeh steps lene chahiye:Sabse pehle SHO ko ek written application dein jisme likhein ki aapka mobile recover ho chuka hai aur aap FIR close karwana chahte hain.Agar police action nahi leti, to ACP/DCP ko written complaint bhejein (speed post/email ke through).Aap court mein application de sakte hain under Section 156(3) CrPC ya directly Magistrate ke saamne complaint file karke direction le sakte hain ki police report file kare.Number unblock ke liye aap apne service provider ko FIR closure/recovery proof ke saath request karein—kai baar telecom side se bhi block hota hai.Jo log aapse 3k–5k maang rahe hain, wo illegal demand hai. FIR close karwana ek legal process hai, uske liye police ya kisi bhi intermediary ko paise dene ki zarurat nahi hoti.Aapka case simple hai—mobile mil chuka hai, aapka statement ho chuka hai—ab aapko sirf proper written follow-up aur, zarurat pade to, court direction lena hoga.

Q: COMPROMISE DEED TO BE MADE PRE FIR FILING

We wanted to have settlement deed before filing an FIR in criminal case. I wanted to know that the injury comes in minor or major category and settlement deed is possible or not

Advocate Yuganshu Sharma answered
Whether the injury is “minor” or “major” is not decided by lay understanding but by medical and legal classification under the Indian Penal Code, 1860.In law, simple injuries (generally falling under Sections 319–323 IPC) are those which are not serious, do not endanger life, and heal without permanent damage. These are usually bailable and compoundable offences, meaning parties can settle the matter legally, even before or after FIR, with or without court permission depending on the section.On the other hand, grievous injuries (defined under Section 320 IPC—such as fracture, disfigurement, loss of limb, etc.) are treated more seriously. Offences like Section 325/326 IPC are either non-compoundable or require court intervention, and private settlement alone does not automatically close the matter.You can enter into a settlement deed before filing an FIR. In case of simple offences, such settlement is legally recognized and can prevent escalation of dispute. However, if the allegations disclose a serious/non-compoundable offence, the police can still register an FIR, and even if parties settle, the matter would require quashing by the High Court under Section 482 CrPC.Therefore, first obtain the medical report (MLC) to determine the exact nature of injury. If it reflects simple injury, settlement is straightforward and advisable. If it reflects grievous injury, settlement is still possible but will require proper legal steps and court intervention for final closure.

Q: Is a remote vote a proxy vote in Co-Op Society election

Our co-op housing society has bylaw that prohibits proxy vote. It demands voting in person. If I am not able to be physically present to vote is a remote vote via Zoom legally valid because I not appoint any proxy to make my vote. Can the committee approve remote vote or would it entertain a court challenge and reversal?

Advocate Yuganshu Sharma answered
If the bye-laws of your co-operative housing society expressly prohibit proxy voting and mandate voting “in person”, the key issue is how “in person” is interpreted in law and practice.Under the Co-operative Societies Act (as applicable in your State) and corresponding model bye-laws, voting rights are strictly governed by the registered bye-laws of the society. These bye-laws are binding on both members and the managing committee. If the bye-laws clearly require physical presence and do not provide for electronic or virtual participation, then remote voting (including via Zoom) is generally not recognized as valid unless specifically permitted.However, there has been a gradual legal and administrative shift post-COVID where several States issued circulars permitting virtual meetings and, in some cases, electronic voting. The legality of your remote vote will therefore depend on whether:Your State Government or Registrar of Co-operative Societies has issued any circular permitting virtual meetings/voting; andYour society has amended its bye-laws or passed a valid resolution adopting such a mechanism.If neither exists, the managing committee does not have unilateral power to allow Zoom voting contrary to the existing bye-laws. Any such permission can be challenged by other members and is likely to be set aside by the Registrar or a competent court on the ground that it violates the governing bye-laws.That said, if the meeting itself is validly convened in hybrid or virtual mode in compliance with government directions, and all members are given equal opportunity, courts have in some cases taken a pragmatic view, especially where no prejudice is caused.In your situation, the safest legal position is:Remote voting is not valid unless expressly permitted by bye-laws or statutory circulars.Committee approval alone is insufficient and vulnerable to challenge.To regularize this, the society should amend its bye-laws or pass a resolution (subject to Registrar approval) allowing virtual participation and voting.If you anticipate dispute, you may insist on either adjournment, postal ballot (if permitted), or formal adoption of virtual voting before the meeting, to avoid future litigation and invalidation of the resolution.

Q: Perjury U/S 379 BNSS or 340 CrPC

Sir/ Madam,I need to file a new case under perjury which is a criminal matter. I cannot afford high fees, any lawyer practising in Rohini North West if willing to take up the matter in cost effective way can contact me or else can message me directly on 9958211855 or can leave their contact details in the reply.

Advocate Yuganshu Sharma answered
In matters relating to perjury, it is important to understand that a separate criminal case cannot be directly filed by a private person in the usual manner. Proceedings for perjury are governed by Section 340 CrPC, wherein the concerned court before which the false statement or false evidence has been given must first form an opinion and initiate action.Accordingly, the proper course is to file an application under Section 340 CrPC before the same court where the alleged false statement or evidence was made, requesting the court to take cognizance and initiate proceedings for perjury.You are advised to gather all relevant documents and clearly identify the false statements made on oath, as courts initiate perjury proceedings only in cases where there is clear and deliberate falsehood affecting the administration of justice.You may contact us if you require assistance in drafting and filing the appropriate application or pursuing the matter further in a cost-effective manner.In conclusion, instead of filing a fresh independent case, you should proceed through an application before the concerned court under Section 340 CrPC.

Q: 115,303(2),309,351 bns sections

Are above sections filed under private complaint against daughter in law,her brother, her father by mother in law in Bihar as a counter case for maintenance case orders and 498A against her son in Delhi by daughter in law are serious allegations . warrant can be issued by court.We received summon to appear in court. Can lawyer or video call attending can be allowed. Father is heart pateint can't travel and 2 minor kids daughter in law can't travel.brother never been to Bihar in his whole life.

Advocate Yuganshu Sharma answered
From the facts stated by you, it appears that a private complaint has been filed in Bihar against the daughter-in-law and her family members, possibly as a counter to proceedings initiated by her in Delhi.At the stage where summons have been issued, the court is only satisfied that a prima facie case exists. This does not mean that warrants will automatically be issued. Warrants are issued only if the accused fail to appear despite service of summons or directions of the court.In such cases, personal appearance is generally required; however, the law does provide some relief. The accused persons can file an application through a lawyer seeking exemption from personal appearance on valid grounds such as medical condition, distance, or family circumstances. Courts do consider such requests, especially where genuine difficulty is shown, such as a heart patient or a person having responsibility of minor children.Appearance through a lawyer is permissible for certain stages, but the court may insist on personal appearance at specific stages of the case. Video conferencing appearance is also being permitted by many courts, but it depends on the discretion of the concerned court and proper application has to be moved.Considering your facts, the father’s medical condition, responsibility of children, and distance can be strong grounds to seek exemption or virtual appearance. It is advisable to immediately engage a local counsel in Bihar to file:Application for exemption from personal appearanceApplication seeking permission for appearance through counsel or via video conferencingIn conclusion, you are not required to panic at the stage of summons. Proper legal applications can be filed to avoid personal travel, and the court generally grants relief in genuine cases.