cancellation of NBW issued against me

669 votes

Hi there, the section mentioned by you are some serious allegations and you must not miss any hearing. Even if you are not in position to attend due to some emergency, you must ensure your advocate attends the hearing and mention the same to the Judge. The cancellation of NBW will be a little tricky but can be done with proper strategy. However, in order to find the best way to resolve the matter and put an end to this case I'll need additional details as to the case. Therefore, it's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

553 votes

First, you should appear before the court and file an application for cancellation/recall of the Non-Bailable Warrants, explaining the reason for absence. Courts usually recall NBWs on appearance and proper undertaking. If the allegations are false, you may also consider filing a petition for quashing of FIR/charge-sheet before the High Court under Section 482 CrPC. Otherwise, request the trial court for expedited trial to conclude the matter at the earliest

Advocate Abdullah Akhtar LawRato

765 votes

Since non-bailable warrants have been issued due to non-appearance, you should immediately appear before the trial court through an advocate and file an application for cancellation/recall of NBW explaining the reason for absence. If the allegations are false and there is insufficient evidence, you may also file a discharge application before the trial court or approach the High Court under Section 482 CrPC for quashing of the FIR/charge-sheet. Regular court appearance is necessary to avoid further legal action.

Advocate Raziya LawRato

914 votes

In cases under Sections 354, 323, 324, and 34 IPC, the proceedings are trial-based and ordinarily continue until evidence and judgment. However, since NBWs have been issued due to non-appearance, the immediate step is to appear before the concerned court through counsel and file an application for cancellation of NBW/recall of warrant with an undertaking for regular appearance. Courts usually recall such warrants if the accused appear voluntarily and provide a reasonable explanation. For early disposal, the accused may consider seeking compounding of compoundable offences (Sections 323 IPC) or filing a petition before the High Court under Section 482 CrPC (now corresponding inherent powers under BNSS) for quashing of proceedings if the matter has been settled with the complainant. Otherwise, the only practical option is to pursue expedited trial by requesting the court for early evidence and disposal.

Advocate Nikhil Karwal LawRato

693 votes

If a criminal case has been pending since 2018 and non-bailable warrants (NBW) have been issued due to absence, the first step is to regularize your appearance before the trial court. The case cannot end quickly unless the NBW issue is addressed. First, you should appear before the concerned court through your advocate and file an application for cancellation/recall of the NBW explaining the reasons for your absence. Courts generally recall the warrants once the accused appear and undertake to attend future hearings. Second, since the case involves offences under Indian Penal Code, 1860 Sections 323 and 324, these offences are compoundable, meaning they can be settled with the complainant’s consent. If the complainant is willing, you may enter into a settlement and file a compounding application before the trial court, which can result in closure of the case against you. However, Section 354 IPC (outraging modesty) is not compoundable, so the trial court cannot close the case merely on compromise. In such situations, if both parties have genuinely settled the dispute, you may approach the High Court for quashing of the FIR or criminal proceedings under **Code of Criminal Procedure, 1973 Section 482 on the basis of compromise. Another option to expedite the matter is to request the trial court to conduct day-to-day hearings or an early disposal after charges are framed, particularly since the case has been pending for several years. In summary, the practical steps are: 1. Immediately appear before the trial court and get the NBW cancelled. 2. Explore compromise with the complainant if possible. 3. If settlement is reached, consider filing a quashing petition before the High Court. 4. Otherwise, request the court for expedited trial to conclude the case at the earliest.

Advocate Yuganshu Sharma LawRato