LawRato

Procedure of quashing a matter


24-Jul-2023 (In Criminal Law)
My wife had filed an counter FIR against my FIR which is baseless. That was filed on 11th oct 2021. Can I apply for quashing at HC now? What is the process for that? What is the time normally it take? During that process, shall I have to be present or case will continue in the current court? What is the probability of getting the case quashed?
Answers (3)

Answer #1
563 votes
yes you can file affection in High Court to quashed the FIR that your wife filed against you the chances of an FIR being quashed depends upon the facts and circumstances of each FIR in addition to the content of the FIR . the time taken due to the court procedure. it does not take much longer time.
Helpful? LawRato LawRato
Advocate Juhi Qureshi

Adv. Juhi Qureshi

LawRato Pune | 200+ Answers
Chat with Advocate Juhi Qureshi Chat 
Answer #2
780 votes
Yes you can apply for quashing of the FIR before the High Court. However, I'll suggest you to rather go for Discharge before the Sessions Court since quashing petition takes time plus certain judges in High Court direct the accused to first avail the discharge remedy and in case of rejection, file quashing. The process is Filing then serving the petition to concerned parties, then fixing the date for reply/say and then hearing. No particular time can be specified since matters depends on Judges and Courts, but to give you a rough idea, it could be around 3-4 months. Could be more, could be even less. You don't have to be present before the court on every date of hearing. Your advocate will take care of it. The probability of getting the FIR quashed depends on the facts stated in it which I need to see before commenting on any chances. If there is merit, it can definitely get quashed. You can approach me for discharge or quashing whatever you prefer. Thankyou.
Helpful? LawRato LawRato
Advocate Rahul Mishra

Adv. Rahul Mishra

LawRatoMumbai | 200+ Answers
Chat with Advocate Rahul Mishra Chat 
Answer #3
733 votes
yes you can go for quashing the fir. that all the allegations made against you are false and it's just of the movement done by the wife. and it depends on the court how much time will be involved for this process but maximum it will get in 4 to 5 dates but still depends upon the court
Helpful? LawRato LawRato
Advocate Nilesh Dilip Bora

Adv. Nilesh Dilip Bora

LawRatoPune | 25+ Answers
Chat with Advocate Nilesh Dilip Bora Chat 

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.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato