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My wife left the house in Aug 2020, my wife's advocate demanded 2cr amount of money in Dec 2021 that
07-Mar-2023 (In Divorce Law)
My wife left the house in Aug 2020, my wife's advocate demanded 2cr amount of money in Dec 2021 that call got recorded, but on failure, to full fill, her demand, 498a, 406, 34 F.I.R. got registered in Jan 2022 and after one year I got 41a notice in Feb 2023, police completed investigation. police will submit the chargesheet in the next 15-20 days. nnshall I go for quashing before the charge sheet submission in the high court or after that?nwhat happens during a quashing hearing, first, I will submit a petition after that what will happen on the next dates?ndoes the public prosecutor reply to my petition?nwhen do I need to record my evidence for quashing? nwill my wife record her evidence during quashing ?
Quashing can be done after the filing of the chargesheet as well. Moreover, it can also be done after framing of charges in the trial court. Therefore, the person looking for quashing has to choose the right time for filing of quashing petition in the High Court.
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Adv. Parul Singh
Delhi | 25+ Answers
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The High Court under Section 482 has the power to quash an FIR even after filing of Charge Sheet by the prosecution. The accused can also appraise the Court that there is no material evidence against him even after the investigation in the matter.
It is advisable to seek detailed consultation for your ongoing case. It needs to be represented properly
It is advisable to seek detailed consultation for your ongoing case. It needs to be represented properly
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Quashing can be done on merits or on the basis of compromise. On merits it’s only possible if you have conclusive evidences in your defence.
Application of quashing can be filed under section 482 CrPC
Plz b in touch
Application of quashing can be filed under section 482 CrPC
Plz b in touch
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Adv. D. Khan
Delhi | 500+ Answers
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Quashing of chargesheet/ FIR is an application filed under section 482 of crpc for praying the hon'ble court to allow the prayer made in the application. Also, a stay application is to be made before the same court to stay the adverse order already made against the husband and also the further proceedings
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Adv. Sujeet Notwal
Delhi | 200+ Answers
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Dear Client
In your case, you should file a petition under section 482 Cr.P.C (quashing petition) and seek quashing of the said FIR, once the petition is admitted, notice to the state will be issued and the matter will proceed as per the process of law. In case the petition is allowed, the charges against you will stand vacated and you will be acquitted by way of operation of the law.
Feel free to get in touch for further discussions.
In your case, you should file a petition under section 482 Cr.P.C (quashing petition) and seek quashing of the said FIR, once the petition is admitted, notice to the state will be issued and the matter will proceed as per the process of law. In case the petition is allowed, the charges against you will stand vacated and you will be acquitted by way of operation of the law.
Feel free to get in touch for further discussions.
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Adv. Abhinav Sharma
Delhi | 500+ Answers
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