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Can a victim oppose the quashing of a case filed by the accused in the


08-Nov-2025 (In High Court Law)
Can a victim oppose the quashing of a case filed by the accused in the High Court at the time of admission? Also, is it permissible for the accused to file for quashing after the trial has already commenced?
Answers (3)

Answer #1
582 votes
Yes, the victim/complainant has the right to oppose a quashing petition at the admission stage. The High Court generally hears both sides before deciding whether the petition deserves to be admitted or dismissed. Regarding timing, the accused can file a petition for quashing under Section 482 CrPC even after the trial has started. However, once evidence has substantially progressed, the High Court exercises its powers more cautiously. If the allegations disclose a prima facie case and the matter involves disputed facts requiring trial, the Court is less likely to interfere. But legally, there is no bar on filing a quashing petition after commencement of trial. cal me on9 9 58 955 305
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Advocate Madhvi Chopra

Adv. Madhvi Chopra

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Answer #2
718 votes
Yes, victim is within his right to oppose the quashing of a case filed by the accused, generally. However if the quashing is made out then it would not make any difference as quashing is made of FIR . The second query needs to be answered after analysis of the facts and evidence only.
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Advocate Harshit R Gupta

Adv. Harshit R Gupta

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Answer #3
802 votes
Yes, the victim has a right to oppose the quashing petition filed by the accused before the Hon’ble High Court under Section 482 of the Code of Criminal Procedure (CrPC). The High Court generally issues notice to the complainant/victim and the State before admitting such a petition, giving the victim an opportunity to file a reply or appear through counsel to contest the plea for quashing. The victim can bring to the court’s notice the seriousness of the allegations, existence of prima facie evidence, and the stage of trial proceedings to oppose the quashing.
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Advocate Ashish Kumar

Adv. Ashish Kumar

LawRatoDelhi | 25+ Answers
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