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Quashing Anem From Criminal Case
02-Apr-2025 (In Criminal Law)
My father was a businessman who bought grains on credit from local farmers and sold them to factories. Once, a truckload of sesame seeds worth 80-90 lakhs was lost, and he didn’t have insurance. To cover the loss and pay the farmers, he took loans on our property. However, he couldn’t repay the loans and borrowed from private lenders, which caused the debt to increase. Facing threats from customers, he decided to flee with our family. He consulted a lawyer, but the lawyer never filed the case. Nearly 80 customers filed a fraud case against us. I was a student at the time and had no involvement, but I was included. We were detained for 15 days, and the case continues. My father passed away in 2016, and I learned in 2022 that my name was added to the case. Now, they call us for hearings every week, and I want to know if there’s a way to remove my name from the case at this stage.
Yes we can file a quash petition in high court and need to prove it that u r student at that time and u don’t have any knowledge about this incident and you can takeout ur name name from this case…. Approach us we will help u
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Adv. Rajkiran Govindcar
Hyderabad | 700+ Answers
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hi first need to see rhe contents of the complaint given by him and if you are not connected to the allegations mentioned in the chargesheet then you could file quash petition in high court as that you were no where concerned with the allegations mentioned in the chargesheet
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Adv. Baddam Aravind Reddy
Secunderabad | 1000+ Answers
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1.Legal Grounds for Removing Your Name:
You can approach the High Court under Section 482 CrPC to quash the proceedings against you, based on:
You were a minor or student with no role in the business.
You were added without evidence of direct involvement or intent to defraud.
Your father was the sole decision-maker and actor in the transactions.
Prolonged harassment without prima facie material against you.
2. Remedy – File a Quash Petition:
Under Section 482 of the Code of Criminal Procedure, file a petition in the High Court seeking:
Quashing of FIR/proceedings against you,
Citing that the continuation of proceedings is an abuse of process,
Supporting it with documents like:
Education certificates showing you were a student,
No role or name in any agreements or transactions,
Father’s death certificate,
FIR/charge sheet copy showing lack of specific allegations against you.
3. Steps to Take:
1. Get a copy of the FIR and charge sheet.
2. Collect evidence of your non-involvement (school/college documents).
3. Approach a High Court lawyer to file a quash petition under Section 482 CrPC.
4. Seek interim relief from regular court appearances, if needed.
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Adv. Venigalla Srinnivasa Rao
Vijayawada | 25+ Answers
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