Your counsel should have updated you, if not talk to him to find out the reason.

What is the nature of the case?

G.Rajaganapathy

Advocate

High Court of Madras

Make an application to HC for placing case on board fir urgent hearing 

make out a case for urgent hearing 

Please follow up with your lawyer to take steps for listing the petition for quashing the charge sheet. If the HC quashes the charge sheet, relief will be available only to the petitioners, and the charge sheet shall stand against the husband.

It is not uncommon for quashing petitions to remain pending without listing due to docket load or procedural reasons. However, there are specific steps available to ensure that the matter is brought before the Court.

The first and most effective step is to move a mentioning application/urgent listing petition before the concerned bench. Your advocate can orally mention the matter before the Court or file a written memo seeking early listing, especially highlighting that the petitioners are senior citizens and that the matter arises out of a matrimonial dispute where continuation of proceedings causes hardship.

You may also file an advance petition for early hearing before the Registrar (Judicial) requesting listing on priority grounds. Courts generally consider factors such as age, health, and nature of dispute for granting early listing.

If there are any coercive steps or trial proceedings ongoing in the lower court, you should immediately file an interim application seeking stay of further proceedings, if not already filed. This is important to protect the petitioners while the quashing petition is pending.

As regards the fact that the husband (who is abroad) has not been included in the quashing petition, that by itself does not invalidate the petition filed by the parents. Each accused has an independent right to seek quashing. However, if required, the husband may file a separate petition or seek to be impleaded later.

You may also consider sending a representation to the Registrar (Listing Section) of the High Court with case details, requesting early listing. In some High Courts, online grievance or listing request mechanisms are also available.

If the matter still does not get listed despite these steps, a more formal route is to file a petition for early hearing (advance hearing petition), which compels the court to consider listing the case.

In conclusion, your immediate course of action should be to actively pursue mentioning and early listing through your advocate, along with filing a formal early hearing application and, if necessary, seeking interim protection.

Please feel free to reach out if you require assistance in drafting the listing or early hearing application.

You ca circulate the matter and get it disposed 

Your lawyer can file a formal mentioning slip or a memo before the concerned Judge who has the "portfolio" (the jurisdiction) for quashing petitions

 You should highlight the age of the petitioners (senior citizens) and the fact that the matter has been pending since January 2023 without a single hearing in order to  get the case listed for "Admission" or "Orders."

Alternately you can file a petition before the registrar for an early hearing.  your lawyer can file a formal Miscellaneous Petition (MP) seeking an early hearing of the main Quash Petition. In this petition, you explicitly state the hardships faced by the parents, such as health issues or the mental agony of a pending criminal case, to justify jumping the queue of older cases.

Sometimes, a case is filed but not "numbered" because the High Court registry has raised technical defects (e.g., missing signatures, improper translation of the vernacular charge sheet, or court fee issues). Ask your lawyer to check the e-Courts status or the High Court website to see if the case is under "SR Stage" (Scrutiny Number) or if it has been assigned a "CRL OP (MD)" number. If it’s stuck in SR, it won't be listed until the defects are "cured."

Sir/Madam, 

A mentioning may be done by the lawyer to the court for listing of the case. 

Dear Sir/Madam,

Ask your advocate to move a mentioning slip / urgent-listing or early-hearing memo before the Madurai Bench, and keep checking the official cause list and case-status portal; the High Court system itself provides for matters being “mentioned.”

Since the husband is not a petitioner, any quash relief will help only the parents, not him. If the High Court has not granted stay, the trial court may continue, so the parents should immediately seek exemption from personal appearance through counsel under Section 205 / 317 CrPC (now Sections 228 / 355 BNSS).

Since your quash petition has been pending since January 2023, the most direct step is to file an application with the Madurai Bench of the Madras High Court to have the case "placed on board for urgent hearing," clearly stating the reasons for the urgency . You should first ask your lawyer why the case is not being listed—possible reasons include procedural issues with e-filing or a heavy backlog of quash petitions, as the court has previously dealt with over 1,250 such matters at once . You can also check the case status and daily cause lists online through the High Court's portals to track listing progress independently .

- As , the said matter is pending since 2023 , and charge sheet already filed before the trial court , then they can file an urgent hearing matter before the registry of the same High Court on the ground of the age of the accused/Respondent. 

Dear Client, 

A quashing petition is a request to the High Court to stop a criminal case at the threshold because continuing it would be an abuse of process or would not serve the ends of justice. It comes under Section 528 of the Bharatiya Nagarik Suraksha Sanhita. The parents’ petition is not automatically wrong just because the husband was not included. In matrimonial cases, the Court has quashed proceedings against some relative where the allegations were general and lacked a specific overt act, while allowing the case to continue against the person against whom the allegations were specific. At this stage, the practical course of action would be to check the cause list and case status. You can move for urgent listing or early hearing and if needed, you can file a memo for any registry defects. It is suggested to not depend only on the petition is the husband is the main accused. It is better if the parents’ petition focused on their own role, and have the husband file a separate quashing petition, so that the High Court can deal with accused persons differently if the allegations against them are different. I hope this helps. In case of queries, please feel free to reach out. 

Thank You.