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41a notice 2 year after f.i.r , can i file complaint to MM02 for delay


23-Apr-2024 (In Divorce Law)
i am the respondent and IO sent 41a notice 2 and half year after f.i.r , what should i do shall i file an application for reason of delay in MM02 court or file quashing in high court ? for 498a matter. only those advocate respond those have experience to quash the 498a f.i.r
Answers (5)

Answer #1
551 votes
You should seek a detailed legal consultation from an advocate and proceed as per his advise. Contents of the Fir needs to be legally perused for tendering the opinion as to weather you should file for quashing or not. Delay will give you a liberty for granting bail.
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Answer #2
798 votes
you can file quashing the FIR in the high court, as the fact stated , it is pruma facie case for quashing, meanwhile you should co-operate with IO , wherever IO call to present in police station co-operate with IO, the pri is very simple to file a quashing.
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Answer #3
921 votes
If there is any scope of settlement between both of you then it will be easy for you to file for a quashing of the FIR before the High Court according to your jurisdiction. You will require the true typed copies of all the documents. For more legal assistance I am just a call away.
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Answer #4
762 votes
You should first file an application for delay in MM court and if the reason given by police are not found to be satisfactory bcz there is an exception for 498A cases for notice period of 2 weeks in 41A Notice , then you can move to HIGH Court for quashing of your FIR
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Answer #5
889 votes
Hello,
So we have first see the sections levied in the FIR then only we can let you know bail is required or not. 41a notice is just for cooperating with IO in investigation. To give any correct guidance we need to understand the matter in detail then we can decide the further course of action.
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