Hello, 498a FIR was quashed 6 months back and Mutual consent divorce granted. However I have come to know from my ex wife that she has recieved message of charge sheet filed today. Quash case is showing disposed online and the order states that this is fit case to exercise powers under section 482, however do not explicitly state that the FIR is quashed. The IO had requested for money earlier which I did not fulfill and suspect this is due to that. Please suggest if : 1. The order needs to explicitly state that the FIR is quashed? 2. Does the chargesheet hold any Ground? 3. What are the steps I need to take? (I have not been summoned personally yet)
The order passed by HC should mention that FIR bearing no ——-filed before local police station stands quashed
2) if FIR is quashed charge sheet does not hold any grounds
3) file precipe for speaking to the minutes of order . Request court to specify that FIR bearing no —-is quashed
Once fir is quashed then no question of filing chargesheet
No ground to file chargesheet
You show the quash order in police station
1. Yes, the order must be clear in one thing i.quashing of FIR.
2.Once this is done the police is informed about the quashing by the Public prosecutor himself.
So if this has been done then there is no way police can proceed to submit charge sheet.
So take proper information whether the quashing has been allowed at all or not.
if you sahre the order herein then further advice on thi account cna be made.
Hi sir , kindly share the high court order .. If the high court has quashed the FIR , then the investigation cannot be conducted further by the IO.. Kinldy Share the order so that I can guide you properly ..thanks
1. Now IO can challenge the high court's quash order ( If FIR actually quashed ) .
2. If FIR is quashed and charge sheet filed in lower court then file discharge petition with lower court to discharge you from the case.
3. I need to go through the charge sheet to know which kind of evidences the police collected during investigation.
4. Once the charges are framed then you would receive summon to attend proceedings.
Me and my parents were part of the FIR, so after the chargesheet is there a chance of arrest? If so what is that I can do to avoid it as that is my priority? Below the quash order dated 9-Feb: The first petitioner and the second respondent filed consent terms before the Family Court at Bandra, Mumbai. They agreed to settle their matrimonial dispute on the terms and conditions recorded therein. They agreed to take divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. It is pointed out that out of the sum of Rs. x lakhs payable by the first petitioner to the second respondent as per the consent terms, a sum of Rs.x lakhs is already paid to the second respondent. 4. The second respondent has filed an affidavit confirming that there is a settlement between her and the first petitioner and that she has agreed for quashing the First Information Report. 5. The first petitioner has tendered an affidavit today. He hasgiven an undertaking to pay the balance amount of Rs.x lakhs to the second respondent on or before 29th April, 2017. We accept the said undertaking. The learned Counsel appearing for the petitioners and the learned Counsel appearing for the second respondent, on instructions, state that the petition for grant of divorce by mutual consent is fixed before the Family Court on 29th April, 2017. The first petitioner and the second respondent, who are personally present in the Court, through their learned Counsel state that they will not withdraw their respective consent for granting a Decree of Divorce by mutual consent. We accept the aforesaid statements as their undertakings. 6. It is the matrimonial dispute between the first petitioner and the second respondent, which led to the registration of the First Information Report. Now, the matrimonial dispute is completely settled. In view of the settlement of the matrimonial dispute, now no purpose would be served by continuing the criminal proceedings, as continuation thereof will cause undue harassment to the husband and wife. Therefore, this is fit case to exercise powers under Section 482 of Code of Criminal Procedure, 1973.
There is no chance of arrest after filing of charge sheet as FIR has been quashed by HC
Yes, it needs to be specified in the order like the FIR no. And the same stands quashed.
Yes, it holds value because as per the police matter is open.
Now, you go ahead and ask for the modification of the object to the extent to include FIR stands quashed.
Good Luck...!
If such is the case and the charge sheet has been filed then move an application for further order in the same 482 petition thereupon informing the court that the police has not closed the matter and has filed a chargesheet despite the order of the HC
Procure a copy of the chargesheet before filing the said application.
Regards
Hi
Submit the quash order in the lower court whenever you receive any summons to appear in the court.
Thank You
Are you sure chargesheet is for the offence of 498A?
Dont worry whenever you serve summon to appear before the court then you can give the certified copy of the complete order sheet. Language is very right over the order passed by the high court. Try to follow up with the court of law where the chargesheet was filed and make sure what offence chargesheet prescribes.
Arrest must be made on filing of FIR not after filing of chargesheet.
Please suggest if :
1. The order needs to explicitly state that the FIR is quashed?
Without seeing the contents of the order, no opinion can be rendered on this.
However please confirm that if there was any petition filed before the trial court subsequent to this order to discharge you from the case, if not yo9u can file a petition even now.
2. Does the chargesheet hold any Ground?
First confirm the contents of the order and then think about the contents of the charge sheet.
3. What are the steps I need to take? (I have not been summoned personally yet)
Wait for the summons from court or be in touch with your advocate on this.
Me and my parents were part of the FIR, so after the chargesheet is there a chance of arrest? If so what is that I can do to avoid it as that is my priority?
If you are already enlarged on bail, then there can be no arrest on the basis of the charge sheet.
The order by the high court what you have furnished hereinabove is incomplete, what is the conclusion by the court in the impugned order?
You may revert with proper details instead of giving a piece meal information, you will be misguided by the incorrect opinion if you resort to such practice.
Chargesheet is totally up infractuas. No mean of it. Simple, file an contempt petition in highcourt about invalid chargesheet and also take aground of that order.
