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Quashing of FIR u/s 498 for matrimonial case.


07-Jun-2025 (In Criminal Law)
After mutual consent divorce with terms for withdrawing all allegations against each other, I got stay from high court on the proceedings in lower court. Not high court has ordered to switch the case from Single Bench to Division bench. Is any action or submission required from my side to switch the case OR whether the Court (Registry / Roster) itself will do the needful for switching. Can I ask for earliest date of registry only decides the dates. Kindly advise.
Answers (5)

Answer #1
509 votes
Since the Hon’ble High Court has directed the matter to be placed before a Division Bench, no immediate action is required from your side for the switching of the case. The Court Registry will handle the necessary administrative steps, including transferring the matter as per the court’s roster and listing procedures. However, it is advisable to remain proactive. You or your counsel may follow up with the Registry to confirm that the file has been marked and is in the process of being listed before the Division Bench. Additionally, if there is urgency, an application or a representation may be made before the Registry or through mentioning before the concerned court to request an early hearing date. Let me know if you wish us to assist in filing such a request or liaising with the Registry on your behalf.
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Answer #2
1000 votes
Court will itself no do anything on its own until and unless you submit Written Submissions. How the Hon'ble Court will come to know - What is in your mind, What prayers you want, until and unless, you express your thoughts!
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Answer #3
869 votes
Dear client based on your query, Since the High Court has already passed an order for the case to be heard by a Division Bench instead of a Single Bench, no further submission from your side is generally required for the bench transfer. The Registry or Roster Bench of the High Court will automatically take steps to list the matter before the appropriate Division Bench in compliance with the court's direction. For further detailed information feel free to connect us.
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Answer #4
722 votes
Dear client based on your query, jurisdiction follows procedure, timely petitions may shape the court’s course, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
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Answer #5
585 votes
You can file a Precipe via which you can seek the earliest date possible! However, you or your Advocate need to show the urgency for filing Precipe before the concerned Bench of the concerned High Court!
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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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