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498A CONCERN REGARDING QUASHING OR ANTICIPATORY BAIL
09-Feb-2023 (In Criminal Law)
I am facing an FIR of 498A along with my 5 family members. 03 of us stay at local police station area of FIR and we have taken anticipatory bail successfully. The investigation has not concluded since last 02 years, we are also facing DV case in which again we have filed our reply. Now at this stage when the police officer is saying me to call my remaining family members & accept 41-A notice on their behalf. I am contemplating to either move anticipatory bail for remaining members or directly go for quashing FIR. The FIR has all the ingredients of getting quashed as per latest SC & HC orders.what is better to take anticipatory bail or go for quashing from financial angle and sucess angle
Dear queriest as per your query you have mentioned that police as said you to accept 41A notice and so you were planning for other family members to get anticipatory bail in advance or to go for quashing of FIR, here first you are advised to get anticipatory bail since as per latest judgement of Honble Supreme Court going quashing of FIR is not advisable. for more information about the same kindly contact me.
Helpful?
Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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hi
in this case you can proceed for quashing of FIR before the high court
it will be examined in high court whether the FIR has merits in respect of 498a
it is also advisable that to procure anticipatory bail from competent court
you can also challenge DV proceedings in high court by quashing application
in this case you can proceed for quashing of FIR before the high court
it will be examined in high court whether the FIR has merits in respect of 498a
it is also advisable that to procure anticipatory bail from competent court
you can also challenge DV proceedings in high court by quashing application
Helpful?
Adv. Rohit Shaligram
Pune | 500+ Answers
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