1. You may ask your advocate to file an application for expeditious disposal at the HC.
2. If 41A has been served then you will not be declared as PO
regards
High court not giving date, already 7 months
My parents are NRI, Living in Canada from 2018. My brothers wife in India, filed a 498a against them. FIR registered in May 2019, 41a served via email ( no contact after that by police, they got all our contact detail & address in foreign) in May 2019 we moved application for quashing in Punjab Haryana High court, notice served to police & complaintent of FIR u/s 498a&120 2nd date for motion was on September 2019 Results ( did not get turn) 3rd date 25 November( didn’t get turn) Now next date March 2020, My questions are 1.Any other way to start the case for quashing & not just postponing? 2. Chances of declaring Proclaimed offender by police ? My parents do not want to come back to India,
Asked 6 years ago in Family Law
Religion: Sikh
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13 Answers
1. See the quashing matters are listed before the court year wise dates and number also so there is no way as such though you can site urgency on date and may request priority if court allows.
Also in quashing seek no interim order to protect from.any further action against parents.
HC is overburdened with cases
2) hence hearing of petition takes time
3) you should come down to India apply for Anticipatory bail from sessions court
4) you would not be declared a proclaimed offender
Matter not reach even after listing, cant help. Better apply for anticipatory bail to avoid proclamation. Police will submit cahrge sheet with out arrest. have to apply for bail than if not that court will issue warrants -> non bailable warrant -> PO.
You are just a NRI, not foreign national. Passport will impound, so better obtain relief from court. AB/Stay on FIR etc.
First take anticipatory bail and then file quashing in High court
- Since, your parents are living in Canada from 2018 , and she filed her case in 2019 , then in their absence they deserve to get anticipatory bail , and further discharge from the case as well.
- Actually, now in India , it becomes a fashion & tool to involve the parents of her husband .
1. You should move an application for urgent hearing for preponment of date before the High court .
2. No need to visit India for your parent , move anticipatory bail before the session court , sure they will get bail .
- Further, if , quashing petition is pending before the High court , then there are chances to stay the warrant if any against your parent as well .
- If, court has not granted such relief , then your lawyer should request the High court at the time of argument on the application for urgent hearing .
1. Ordinarily High Courts do not quash FIR unless charge sheet is filed. How the dates of the motion are getting postponed without any order when it appeared before the Court? What have been mentioned in the Order Sheets?. However, ask your Advocate to make mention of the matter before the Court citing urgency and prepone the date of hearing.
2. Since the matter is pending before the High Court, it is very unlikely that the police will take any adverse action against you.
Dear Querist
file an interim application for stay of the proceedings or stay on arrest before the High Court and try to get the order than the Police shall not even apply for issuance of warrant or proceedings of PO.
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The court shall hear your petition in due course. Huge filing is a cause of adjournment.
In the meanwhile the police cannot arrest you and therefore try to settle the matter.
Regards
1. The case will be listed for hearing but reaching the bench for hearing will depend on the serial number of the case being listed that day.
If you are aggrieved even that date then you can give an application to the registrar citing all the events and request to posted the matter at an early serial number in the list of cases to be heard that day.
2. Since the matter is pending at high court for quashing, the police being aware of that , they may not declare them as proclaimed offender without the disposal details.
Dear Sir,
1. Even though parents has NBW in lower court it does not effect them to appear before high court and on there absence SPA holder can run the case.
2. Affidavit and statement of wife is enough to quash charge sheet.
3. Mediation report is not necessary
4. Divorce document or settlement agreement is not necessary for quashing a complaint
5. Complaint fir charge sheet and affidavit is requisite documents to quash complaint
you can apply for Anticipatory bail.
There is no other way for quashing of FIR you have to wait for next date of hearing in high court till disposal of quashing petition your advocate can pray for stay on proceeding in trail court.
Police cannot declare PO they have to file report before court for declaration of PO.
