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Quashing of f.i.r. u/s 482 lodged u/s 498a, 377, 354 against my brothe
21-Mar-2023 (In Domestic Violence Law)
Can we file 482 of a f.i.r. before being investigated by the i.o. or being chargesheeted by the i.o.? Against me an false f.i.r. is lodged by my wife and i am facing so many problems because of this... I wanted to close all the chapters as soon as possible.. I have abundant proof to prove that the f.i.r. is false... Can I file 482 before chargesheeted?
If you are in U.P. you can't challenge the F.I.R in 482 petition before High court, that can be filed only after submission of chargesheet.
However, you can file a writ petition under Article 226 of the Constitution of India for quashing of FIR. In writ petition, the court, while entertaining the same may stay the arrest and issue notice to your wife. After considering the both side,the court, if finds no evidence then F.I.R may be quashed.
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Adv. Arvind Agrawal
Allahabad | 50+ Answers
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Hello client, I have seen your query carefully and found that you want to quashing of F.I.R in high court and want to consult with the proffessional experienced lawyer. In this regard it is to inform you that you can file a writ petition for quashing of F.I.R in high court or apply for the anticipatory bail before district judge court. After taking the anticipatory bail by the court you can approach to the investigating officer and give him all the proof you have to file final order in your case. if the district judge denied to give you anticipatory bail then you can also file a petition before high court. you can contact me for further assistance and advice on my contact number through the administrator of this website
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Adv. Rajeev Srivastava
Ghaziabad | 400+ Answers
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dear client it has to be seen what allegations are against you in that fir if you have proper evidence against her then you can file in your anticipatory bail along with it and you will get the stay till the filing of the chargesheet ie section173 and if you or your family members are not found guilty it will be quashed for further details do contact us with your relevant documents.
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Adv. Rahul Rathi
Allahabad | 700+ Answers
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