• How to stop quashing of FIR

I have made a private complaint for already mf 
FIR of bigamy case and hearing is going on in sub court now respondent applied for quash in high court 
Now what is the procedure to defend it either I have to file a counter affidavit or straightly they will call for argument 
What is the procedure in high court kindly clarify me. 
I have all the proof that respondent have made second marriage.
Asked 1 month ago in Criminal Law from TIRUCHIRAPPALLI, Tamil Nadu
Religion: Hindu

Hello,

FIR will not be quashed without issuing a notice to you. Also, you will have to file counter in which you may negate all the ground on which the respondent is requesting the court to get the FIR quashed.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

1. As a complainant you should engage your own lawyer to contest the FIR quashing petition in the High Court.

2. You are free to file a counter affidavit.

3. If you choose to not to file the affidavit then the matter will be posted for arguments.

Ashish Davessar
Advocate, Jaipur
24668 Answers
689 Consultations

5.0 on 5.0

A further date on 14.09 must have been given by the court. It will take 2-3 hearings for the case to get decided.

Ask your advocate as to what is the next date when the case is listed.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

1. It depends on the pendency of cases before the HC concerned.

2. Quashing petition normally takes around a year.

3. Your lawyer has to appear and file his vakalat well before the next date

Ashish Davessar
Advocate, Jaipur
24668 Answers
689 Consultations

5.0 on 5.0

1. In quashing case the regular course if not filing of counter affidavit unless the court gives you such liberty.

2. The hearing of the case depends jn the number of backlog cases pending in the court. Generally it gets disposed of within six months.

3. If you engage an advocate bu giving vakalatnama no ex parte hearing would be fixed.

Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

Approach a lawyer and ask him/her to appear in the FIR quash petition represeneting you.

You need to get your vakalat filed and seek time to file COUNTER affidavit.

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

Filing vakalatnama on or before this day is sufficient.

Approach a High Court with this notice and he will let you know the exact status of this case.

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

Sir you will be joined as respondent in the high court you can appoint an advocate and counter affidavit can be filed and objection can be taken

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

Your advocate can appeal on said date and can pray for time by filing his presence on your behalf. The court will grant time.further 14.09 is already gone so.check next date.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

You should appear on the first date in High Court and ask for sometime file counter and the court would grant you 2 to 4 weeks time in all likelihood to do the needful.

Arguments are not directly heard in such cases and the respondents have right to file their counters.

Siddharth Jain
Advocate, New Delhi
2520 Answers
28 Consultations

5.0 on 5.0

Your counsel would have to file vakalatnama as well as appeared before the court where the matter is listed on the date of hearing.

Siddharth Jain
Advocate, New Delhi
2520 Answers
28 Consultations

5.0 on 5.0

You have to engage lawyer who will file vakakatnama on your behalf

2) file detailed reply opposing quashing application

3) then case would be placed for arguments

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

If fir quashing petition is filed you will receive notice from court of the next date, if you have objection you would have to file counter to the same and arguments will take place.yes you would have to appear and raise your objections in writing which is called counter.

Varnika Singh
Advocate, Ghaziabad
261 Answers
1 Consultation

4.9 on 5.0

Your lawyer should File his vakakatnama

2) file detailed reply

3) hearing is not must toavoid case being exparte

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

hello

kindly engage a lawyer and he will watch over the proceedings and in case the OP file a petition for FIR quashing, you can argue.

regards

Rahul Mishra
Advocate, Lucknow
1765 Answers
7 Consultations

5.0 on 5.0

if the court is convinced that the person is innocent and has been falsely implicated. A High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested, You cannot stop for Quash.

Mohammed Mujeeb
Advocate, Hyderabad
3199 Answers
2 Consultations

4.5 on 5.0

Normally quashing partition takes two to three working dates in the High Court depends on the opposite party in case there is any objection from the opposite party and they produced some sort of records then the FIR will not be quashed by the High Court

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

Since you have proof for establishing his act of bigamy, you may first file a counter after receiving the summons from high court .

After that you may place your arguments objecting to his quash petition and seek for its dismissal.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

After filing vakkalat how long it will take for hearing the case.in notice to me it is mentioned that on or before 14.9.2018 I have to appear in court else matter will be expartee. Is filing a vakkalat before this date is enough or hearing a case before this date is must to avoid exporter.

Is it 14.9.18 or 14.11.18?

You can file vakalat for the present and then your advocate will take time for filing counter.

You may first engage the services of an advocate and then follow his instructions on further steps.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

Dear Madam,

Approach a lawyer and ask him/her to appear in the FIR quash petition represeneting you. You need to get your vakalat filed and seek time to file COUNTER affidavit. Filing vakalatnama on or before this day is sufficient. Approach a High Court with this notice and he will let you know the exact status of this case.

Netravathi Kalaskar
Advocate, Bangalore
529 Answers
2 Consultations

5.0 on 5.0

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