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Quashing Of Criminal Case Through Joint Affidavit
07-Dec-2023 (In Criminal Law)
FIR was filed in Ghaziabad, had taken stay from Allahabad High court. High court sent for mediation as it arise out of family dispute and divorce case. Settlement done after sometime, all cases in each other were taken back by parties. Question is, how to quash FIR. 1. Will FIR/case be quashed by Allahabad high court if we file joint affidavit that cases are resolved. 2. Can affidavit be made in Delhi and file in Allahabad high court. 3. What are point to take care to make it quash. Thanks a ton.
you may file for quashing of FIR and make your wife a party to it. there are very high chances of the fir being quashed if settlement has taken place on the high court sending your matter for mediation. it does not matter whether the settlement has taken place in delhi or elsewhere, you may file the quashing petition in the high court having jurisdiction.
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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Hello,
There should be annexure attached with quashing petition like - Petition u/s 482 Cr.P.C, Affidavit in support
, Copy of FIR, Copy of the order sheet
by Ld. ASJ/Special Judge, Copy of the Settlement Agreement, Certified copy of the order of the Divorce decree
Copy of DD/settlement amount etc
2. yes it can be made in Delhi
3. that can be taken care by an efficient lawyer.
in case of quashing both the parties should be present in court, petition should be maintained according to U/s 482 crpc. I practice before Ghaziabad Court for any other queries feel free to contact.
There should be annexure attached with quashing petition like - Petition u/s 482 Cr.P.C, Affidavit in support
, Copy of FIR, Copy of the order sheet
by Ld. ASJ/Special Judge, Copy of the Settlement Agreement, Certified copy of the order of the Divorce decree
Copy of DD/settlement amount etc
2. yes it can be made in Delhi
3. that can be taken care by an efficient lawyer.
in case of quashing both the parties should be present in court, petition should be maintained according to U/s 482 crpc. I practice before Ghaziabad Court for any other queries feel free to contact.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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1. An FIR is quashed after filing a petition for FIR quashing along with the terms of settlement and alongwith affidavit of the complainant.
2. Yes, the affidavit can be made in Delhi and filed at Allahabad
3. The petition should include a copy of FIR, terms of settlement/compromise and the order of divorce. Further, you have to ensure that it included proper grounds for quashing of the FIR.
2. Yes, the affidavit can be made in Delhi and filed at Allahabad
3. The petition should include a copy of FIR, terms of settlement/compromise and the order of divorce. Further, you have to ensure that it included proper grounds for quashing of the FIR.
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Adv. Drishti Malhotra
Delhi | 25+ Answers
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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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