Quashing a case through General Power of Attorney

932 votes

To quash a case under Section 69 BNS (likely for false or malicious allegations), you must approach the High Court under Section 482 CrPC. Since the complainant is abroad, here are the possible scenarios: 1. Complainant Gives NOC via Power of Attorney (POA): The complainant can execute a notarized & apostilled POA abroad authorizing someone in India to represent them. That attorney can file an affidavit/NOC stating they have no objection to quashing. Courts usually accept this, provided proper attestation is done under Indian Consulate rules. 2. Complainant Cannot Provide NOC: If they are untraceable or unwilling, you must argue lack of prima facie evidence. Your lawyer will highlight that even if allegations are assumed true, they don’t constitute an offence, as per Supreme Court precedents (State of Haryana v. Bhajan Lal, AIR 1992 SC 604). 3. Settlement Between Parties: If it’s a compoundable offence, the High Court will quash on settlement grounds. If it’s non-compoundable, the HC can still quash in the interest of justice under Section 482 CrPC, provided complainant’s consent is filed. Practical Steps: Obtain the FIR, charge sheet, and other case documents. Prepare the quash petition with grounds like absence of evidence, abuse of process, or settlement. If POA is used, ensure it’s registered and apostilled, then filed with the petition.

Advocate Sujith Kuchipudi LawRato

513 votes

If complaint and accused is compromised and complainant is not available in India the he has to approach Embassy and he need to inform that he will appointing POA for this case to compromise or contest, approach us we will help u

Advocate Rajkiran Govindcar LawRato

876 votes

You can file a quash petition under Section 482 CrPC before the High Court if the complainant is willing to compound or withdraw allegations. Since the complainant is abroad, they can execute a notarized and apostilled Power of Attorney authorizing a representative in India to file an affidavit of no-objection or compromise on their behalf. The High Court generally quashes proceedings when parties have settled and the offence is compoundable or not affecting public interest. Please share the FIR, complaint, and draft POA so I can prepare the quash petition and supporting documents for you.

Advocate Mrudhula Jahnavi LawRato

897 votes

A quash petition under Section 482 CrPC must be filed by the accused, not the complainant; since your case is under Section 69 BNS (cheating by personation, compoundable with court’s permission), the safest route is to obtain a No Objection/Compromise Affidavit from the complainant abroad, duly attested by the Indian Embassy, or have them execute a Special Power of Attorney authorizing someone in India to state their consent; with this, the High Court generally quashes the case on settlement grounds, but if the complainant is uncooperative, you can still argue that the FIR/charge sheet lacks ingredients of the offence and seek quash on merits.

Advocate Thati Purushotham Yadav LawRato