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Writ for quashing FIR was disposed can I file the writ again
28-Jun-2023 (In Criminal Law)
Earlier a writ under Article 226 for quashing of FIR in a 498A matter (filed in UP) was disposed as not pressed since our counsel stated that let this petition be disposed of as not pressed. The case was not fought on merit by the counsel though that was not intended by me and naturally the relief I was expecting was no received. At the point when such petition was presented the matter was under investigation. The matter is still under investigation, now can a new petition under 482 for quashing of FIR can be filed again? Most of reliefs claimed under new petition would be same be same.
yes you can file fresh petition under section 482 crpc
however you have show some different circumstances and relief may the same
further we can assess the same in details
once we see the whole file
you can.meet us for first free consultation
however you have show some different circumstances and relief may the same
further we can assess the same in details
once we see the whole file
you can.meet us for first free consultation
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Adv. Kunal Madan
Delhi | 25+ Answers
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A fresh writ can be filed if it wasn't pressed.
Probably your lawyer was trying to press for anticipatory bail in that application as anticipatory bail otherwise is not available in the state of UP.
This being the scenario I think your matter has not been settled yet and investigation is going on and the charge sheet will be filed.
If specifically talking about quashing courts are usually not inclined to quash fir on merits.
Now if in your case chargesheet has not been filed you can proceed to file a writ petition and in case chargesheet is filed you have to file quashing in 482crpc.
Probably your lawyer was trying to press for anticipatory bail in that application as anticipatory bail otherwise is not available in the state of UP.
This being the scenario I think your matter has not been settled yet and investigation is going on and the charge sheet will be filed.
If specifically talking about quashing courts are usually not inclined to quash fir on merits.
Now if in your case chargesheet has not been filed you can proceed to file a writ petition and in case chargesheet is filed you have to file quashing in 482crpc.
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Adv. Karan Sachdeva
Delhi | 25+ Answers
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Yes you can file it a fresh as there is no limitation to the number of quashing petitions one can file . However take care to mention that you had filed an earlier petition which was not pressed by the previous counsel without any instruction from you .
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Adv. Suneet Bhardwaj
Delhi | 25+ Answers
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The question is that the quashing has to be only presented in the Hon'ble high court U/s 482 Crpc as per inherent powers of The High Court, once the matter between both the parties has been amicably resolved. But in your case as you said that it is still a pending investigation that does not makes any logic to present a quashing petition now or even before. Therefore you should wait for the settlement and then present the quashing petition to the concerned High Court. But before that a joint petition with signed MOU has to be presented at the district court stating all terms and conditions under which settlement has took place. Thereafter you can move to high court not now.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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