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FIR quashing steps & process before 2nd motion


25-Mar-2023 (In Criminal Law)
We agreed and mentioned in the MOU that we will File the FIR quash before 2nd motion of Mutual divorce. And first motion is completed and 2nd motion is scheduled for the 1st week of April. Now, my Advocate is suggesting to file the FIR Quash after the 2nd Motion and he will file the quashing with the Divorce decree. Otherwise, the High court can either reject the application or the case dates will be extended as if we go before the 2nd motion then the next day of the hearing will be very late. And the Quashing case will be extended and also there is a risk of the High court can levy the fee (penalty). I am looking for an honest response. What should be the best action to be followed? And suggest whether above points told by my Advocate are true?
Answers (5)

Answer #1
954 votes
hello mam as i can see you issue is discussed here need full documentation of file to be go through then only we van give you proper advice othetwise we can give you accurate advice which you need

Answer #2
905 votes
Yes your advocate is right in suggesting to file the quashing of the FIR after the 2nd motion because the HC will also wait for all the disputes between the parties to finish first then only the HC will order. But if you have signed a settlement deed then you have to go according to that also as the second party may not agree upon this.
Answer #3
827 votes
yes you can get the fir quashed only before th hon'ble high court of your state.
kindly contact us for further clarification.
thanks and regards
Adv Mehak Bhatia
Legalklick & Associates
CoFounder
Delhi High Court & District Courts
Answer #4
701 votes
If there is an MOU signed between the parties then the court would also proceed accordingly. You can proceed filing quashing petition as per the MOU and please the Hon’ble high court to quash as per the terms and conditions. For any further legal assistance please feel free to contact

Thanks
Answer #5
606 votes
moreover the other party will not let complete the second motion reason being it's already mentioned in a you that quashing of FIR will be taken care of before second motion comments so anyway you have to go for this and high court will allow This petition reason being on based on that i m o u only this agreement is happening kindly go ahead and file Indian go for S 13b that's it thank you

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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