Respected Kaanoon Sir and madam, There is a criminal petition under 376 put on me by complainant, and as it is baseless, false allegation, I've applied for quashing FIR in Bangalore High Court. I've applied it In April 2nd week 2017 and it's already 3 months over. The online website still shows admission pending. My lawyer is telling it will proceed next week since 2 months but that next week is not at all coming. Now he is telling the petition came on board and public prosecutor is given 1week time to apply for objection. And now it's almost 10days over still no news from lawyer. And website is still showing admission pending. I'm not getting how to be sure the process is happening. And when I ask lawyer he tells some or other reason which I don't understand. Please guide me. How the process of this petition moves in court? How much time it takes for each process? Is my lawyer lying to me? Why it is still showing admission pending in website? When it will show admission done in website? How to make sure what he is telling is really happening or not?
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It will show admission done when the case will be argued and the petition is admitted, i advise you to kindly do a meeting with your lawyer and ask him not to play around the case and fight for it on merits. Usually such things do not happen when a case is argued and persued well in the court. And i can not comment on the point as to your lawyer is lying to you or not
Regards
High courts are over burdened with cases
2) quashing petition does not come for admission for 6 months
3) it is not your lawyers fault
4) as and when petition comes for hearing court would consider reply of Respondents and then pass orders
1. if case status shown admission pending then it is became clear that court did not hear it.
2. if court did not hear it then it cannot be said that prosecution has taken time for filing counter affidavit.
3. he is cheating, he just filed and take dates.
1. Ask your lawyer to mention the matter in high court.
2.once the matter is mentioned the same is listed for hearing .
3. Unless the matter is slieted for hearing there would not chance of hearing.
4. The quashing petition if consented takes around six months time for disposal.
Sir, All the court process are getting computerized in the high court for a long time but not yet completed. The status "admission pending" is the common word for multiple stages of different types of cases. But as far as I concerned, I used to see "admission pending" status for couple of appeal petitions which i deal mostly in high court. As per your word above, police yet to file charge sheet. The charges you are facing are non-compoundable offence. So, unless any advocate know the progress of the charge sheet they can not directly guide you for quash of FIR
( there are fresh guidelines issued for quash of FIR by apex court). The steps of quash of FIR does not need any of the steps you mentioned above. But, I need to understand the FIR and case history before suggesting the process and time duration for quash in high court. You may get in touch with me for further discussion.
Thanks,
Adv.Niranjan,
Mobile/whatapp - .
When the case is not reaching the court then it will show the same old status only.
The status in the ecourts web site may not have been updated.
You can engage another advocate to know the details of the pending case and may also clarify the likelihood of it being presented before the court.
Few days back that complainants lawyer called me. He told he is her private lawyer and not public prosecutor. He asked me for compromising. When I told that this is non compundable, he told its possible to compromise in the hall of court by judge. Now I've already applied for quashing fir. What is your opinion on this, how should I respond to that Lawyer? Can I directly speak to her lawyer (bcoz it should not cause any legal problem for me)?
You should ask your lawyer to talk to complainant lawyer and explore possibilities of settlement
You can speak directly also
If you have filed FIR quashing the you can ask the opposite party to appear in court and then you can tell the court that it is a matrimonial dispute and the case may be referred to mediation center of the High Court. In such disputes settlement can also be done in the High Court.
You can confirm your lawyer about this and seek his permission for this.
Or else you can direct him to your husband.