• IPC 498A, 406, 354C, 354, 509, 506, 504, 377 & 128B

Terms & Conditions to quash FIR U/S 498A, 406, 354C, 354, 509, 506, 504, 377 & 128B
Asked 1 year ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu

Hello,

The writ can be filed on the ground that the FIR has been filed on false and frivolous grounds for wreaking vengeance against the accused.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Kindly clarify the second question.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Hello

You should file a petition to quashbthe fir and pray for arrest stay.The court will direct that the police should proceed as per the law.offence is below 7 years in 498a case therefore the police cannot arrest you. It would send you notice and then call you. After a recent judgment of the SC district level committees have been formed and they will be doing mediation and if that is not successful then the proceedings will start in the trial court.

Regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

I must add that S 377 has also been slapped to make a matrimonial matter more complex. But you should file it in the hc stating that matrimonial disputes have been blown out of proportion.

Regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

1. Where the allegations made in the first information report (FIR) or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

2. Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Cr.P.C. except under an order of a Magistrate within the purview of Sec.155(2) of the Cr.P.C.

3. Where the undisputed allegations made in the FIR/complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the Cr.P.C.

5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6. Where there is an express legal bar en-grafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

7. Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

In the case of Rakhi Mishra v. State of Bihar (Cri. Appeal No. 1499 of 2017) the Hon’ble Supreme Court has reiterated the legal proposition that High Court can exercise its inherent powers under Section 482 of Cr.P.C. in exceptional circumstances only.

The Code of Criminal Procedure has under Section 482 explained the inherent powers of the High Court which can be related to quashing of an FIR or criminal proceeding:-

Section 482 of the Cr.P.C. specifies that a High Court has got the power to act in any manner in order to make the two ends of justice meet.

Under section 482 of the Cr.P.C., a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.

If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of Cr.P.C.

The burden of proof is on the petitioner to prove that the FIR has been lodged only for malicious reasons and to trouble the petitioner.

The laws have been made to make sure that no one is suppressing anyone and if someone is then he shall be punished. But there are a number of circumstances in which a person uses these laws which are favouring him to trouble innocent people.

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure.

The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. He can also call the complainant to remove any defects and call for the particulars or copies of the complaint or other documents as may be considered necessary.

On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.

Once the Bar Council has referred the complaint to a disciplinary committee, the Registrar should expeditiously send a notice to the advocate.

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

Mutual settlement. Between both the parties

Deepak Sharma
Advocate, Delhi
7 Answers

Not rated

Approach High court with writ petition.

You can take action against those lawyers only if one of them is your spouse. And for adultery their bar licence can be cancelled.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

For Quashing of FIR you will have to file a petition under section 482 of CrPC in High Court, wherein you will have to prove beyond reasonable doubt that a false case has been lodged against you by your wife in order to extort money from you.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

If you want to file a complaint against a lawyer you should file written complaint the bar council of the state as well as the bar council of India.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

hello

an application must be filed with the state bar council and bar council of India. this unethical and illegal practice would be deprecated by the court if it comes to its knowledge. kindly explain in detail the sequence of events and what is the whole case and I will try to help you.

regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

If there is mutual settlement arrived at between parties FIR can be quashed by HC

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Bar licence would not be cancelled merely because Lawyer had physical relationship with another lawyer

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. What terms and conditions? Quashing can be of two kinds-contested and compromise based. In contested quashing you have to demonstrate that the FIR taken in entirety does not make out a prima facie case in favour of the petitioner whereas in compromised quashing the HC will ordinarily allow quashing on the basis of compromise.

2. For a lawyer to be involved in illicit relationship with another lawyer is not tantamount to professional misconduct. So his licence cannot be cancelled on this ground.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

One needs to peruse the FIR to tell you the prospects of success in the FIR quashing petition which you propose to file .

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

Move a complaint with the concerned state bar council.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

ok

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

No rule like this if both are in consensual relationship except punishment for misconduct.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

If the relationship is against the will of the person then the person can lodge a complaint with BCI

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

There are no terms or conditions to quash the FIR.

If you have compromised with her then she may be advised to file an affidavit expressing her NOC to the quash petition filed by you.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Since this is not illegal there is no law to interfere into their private or personal affairs.

If she is married then on the basis of concrete evidence her husband can lodge a complaint against him for the offences of adultery under section497 IPC.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

There is no provision in law for this.

This is not an illegal act hence no legal action can be initiated on this personal affairs between two lawyers.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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