Highcourt quashing is pending. i need stay for trial court and quahing

845 votes

seek a stay and quashing of your FIR based on a mediated Memorandum of Understanding (MOU), you must file a criminal miscellaneous petition under Section 482 of the CrPC (or Section 528 of the BNSS) in the High Court, placing the signed mediation settlement and the mediator's report on record. A wife's subsequent objection after voluntarily signing a court-referred mediation MOU does not automatically invalidate your right to seek quashing, provided the crime numbers are covered and the dispute is matrimonial.

Advocate Dhruv. K LawRato

637 votes

Dear Client ​Since the FIR against your parents was quashed based on the mediation MOU that explicitly covers the entire crime number you have strong grounds to seek both a stay of proceedings and quashing of the FIR against you ​In criminal law particularly in matrimonial disputes settled through court annexed mediation courts emphasize the terms of settlement over procedural technicalities If the MOU mentions the entire crime number to be quashed it reflects a full and final settlement of the dispute The argument that you were not a direct petitioner or signatory loses weight if the intent was to resolve the complete conflict arising from that specific FIR ​You should immediately file an urgent application or memo for stay in your pending quash petition before the High Court Annex the summons issued by the trial court along with the High Court order quashing your parents FIR and a copy of the mediation agreement Request the High Court to stay all further proceedings including the trial court summons pending the final disposal of your petition You can also file a copy of the pending High Court quash petition before the trial court and seek an adjournment on that basis

Advocate Kishan Dutt Kalaskar LawRato

988 votes

Greetings. I will be able to help you out in your legal query and file a quashing petition in the High Court. we will need to analyse the facts of your case before we proceed so please contact us for a detailed discussion.

Advocate Akanksha Choudhary LawRato