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Difference between Quashing & Withdrawal
23-Oct-2023 (In Criminal Law)
Hello, My OP hs filled 498A against me & my family & the current stage of the case is "Not Heard". I have also got ABA from Session Court. Now OP wants to settle & informed me that she will cooperate for FIR withdraw/discharge. I wish to know that FIR withdrawal can be done in lower court or not? Is FIR quashing necessary or only FIR Withdrawal from wife is enough. Pls guide
hi
FIR cannot be withdrawn.
however you have to approach the high court with quashing petition wherein you have to produce settlement documents, on that basis the high court will quash the FIR
the informant wife has no right to withdraw FIR or her complaint
FIR cannot be withdrawn.
however you have to approach the high court with quashing petition wherein you have to produce settlement documents, on that basis the high court will quash the FIR
the informant wife has no right to withdraw FIR or her complaint
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Adv. Rohit Shaligram
Pune | 500+ Answers
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hello, in lower court she has to either turn hostile or you need to file discharge so she can get you out of this case. quashing is also an option but quiet expensive. this is the easiest way to get matter disposed.
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Adv. Harshad Garud
Pune | 200+ Answers
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Dear sir
you can't go for discharge before lower court it's better to file quashing of entire proceedings before jurisdictional highcourt on consent basis your case will be quashed
In quashing there are huge probability then discharge so my only suggestion is go for quashing of FIR before Highcourt
you can't go for discharge before lower court it's better to file quashing of entire proceedings before jurisdictional highcourt on consent basis your case will be quashed
In quashing there are huge probability then discharge so my only suggestion is go for quashing of FIR before Highcourt
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Adv. Manindra Pandey
Mumbai | 100+ Answers
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