Quash fir in hc without other party

529 votes

hello client as Ur saying that Ur willing to quash the fir against you but you have entered the compromise with the girls family and now the girl family not willing to come to high court for quashing of the fir in this matter if it willing things can get materialised but in tht case a bit of things needs to get discussed then only things can get settled

Advocate Vishwanath Pratap Singh LawRato

628 votes

Hi,

Regarding your query.

It's unclear what you mean by an engagement case. Do you mean a case wherein acts have occurred on the promise of marriage? Was the offence , commercial, financial, partnership, transaction which are primarily civil in nature or criminal in nature.

Where an offence is primarily Civil in nature- and the parties have come to an agreement and settled the matter. The Court may exercise discretion and allow the opposite party to have an authorized representative represent the person/complainant vide a special power of attorney and thereafter represent them for quashing of the proceedings.

Where the matter is predominantly criminal in nature- The Court will not quash an FIR without the girl's family or the girl being present in Court. If you have entered into an agreement, please have the same put down in writing and signed by both parties and produce the same before Court. When the Court is convinced, they will issue summons to the party and produce them before Court.

Court will not quash FIR without presence of parties in such a case.

Advocate Anuj Nair LawRato

539 votes

Dear client,
quashing of FIR, or in Complaint case - for cognizance, can be done by your proceeding, no need of Girl side,
if you have compromise documents then it may certainly help your case to have betterly quashed by H C.
You nay consult for the same will be taken care and be filed for the same. pls. rate me,

Advocate Sanjay Kr. Jha LawRato