• Accuse is not in position to appear in high court for quashing

We have applied a petition under sec 482 to Cr .P.P.C requesting for quashing of the FIR u/s 498-A/406/34 IPC on the ground of dispute settlement. But one of the accused out of 11 is not in the position to appear in court as currently out of the country and have some issues. Please advise how to present his absence in the court so that quashing will be granted.
Asked 6 years ago in Criminal Law
Religion: Hindu

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17 Answers

Presence of all accused dose not required , mainly complainant and any other accused is suffice.

And to sign vakalatnama, SPa can be execute by him to any one accused.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1) personal presence of complainant is must 

 

2) on basis of settlement HC can quash FIR

 

3) presence of all accused is not necessary unless HC insists on their presence 

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

HC may not accept POA executed by accused who is unable to appear 

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

What to do than presence is must, or file review and request to condine his presence as duly represented by appointed advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. In quashing case the physical appearance of the accused persons is not required.

2. If the complainant is giving consent for quashing then the court may ask for his personal appearance but the presence of accused person is never necessary.

3. However if the high court in unlikely event  direct the physical appearance of the accused person then his attendance can not be dispensed with by his POA holder.

Devajyoti Barman
Advocate, Kolkata
23661 Answers
538 Consultations

See his presence can be waived of by the court you may pray same if complaint is there and agreeing to quashing.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See he can send a POA for filing same along an affidavit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The accused doesn't have to be present in the hc. However vakalatnama should be signed and any one of you can become a pairokar on behalf of the other persons. You can send a pdf file and he can sign it and send it through post.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear

For quashing of FIR in High Court the presence of all accused is not mandatory unless the court give such direction.

If court is insisting on the presence of all accused then the accused abroad must send some proof That he is unable to travel to India due to that condition and send affidavit attested from Indian Consulate along with the letter of extemption.

Court may after recieving the letter extempt his personal presence for hearing and quash the FIR. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If HC is insisting on personal presence of accused   

 

then  it would  not  accept  POA executed by accused 

Ajay Sethi
Advocate, Mumbai
100005 Answers
8163 Consultations

The presence of accused not necessary for quashing. His advocate can appear on his behalf. 

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

Sorry The charge which you have stated in your question are not paid to me so it is not possible to answer your question 

 

 

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

high court may quash the fir in the absence of one accused without seeking his personal appearance. The relevant documents placing before the court the reasons for his absence would be required to justify the non appearance. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

For quashing the FIR, the accused is not required to be present before high court.

Why do you insist on the missing accused's presence before high court when ther is no necessity for any accused to be present before high court for this purpose.

You may clarify the issue once again from your advocate.

If he is not available to appear before the trial court, then a petition under section 205 cr,.p.c. may be filed to dispense with his personal appearance before the said court for the reasons you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
90208 Answers
2506 Consultations

Power of attorney cannot be given by the accused to anyone to represent him before the court in the criminal cases.

Dont get misguided by such false assurances.

 

T Kalaiselvan
Advocate, Vellore
90208 Answers
2506 Consultations

If high court is insisting his presence, then you may remove his name from the list of the petitioners and apply for quash for others alone who will make themselves available and present before the court on the dates of hearing.

 

T Kalaiselvan
Advocate, Vellore
90208 Answers
2506 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been a settlement agreement or deed in writing (which must be in writing only, not orally) But one of the accused is unable to come before the court of law.
  2. I would like to tell you that there can be SPA for his appearance in favour of his close one who would also give the undertaking as he or she has the knowledge about the case.
  3. But, it would be admissible only if accused is also part of the settlement deed.
  4. If he is not then it won’t be possible for judge also to quash it on the basis of the SPA.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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