Hello,
The para directly means that the case pending before the HC is closed,, which eventually means that the FIR is also closed.
Share the certified copy of the order with the police station where the FIR has been filed.
Regards
Hi Team, This is about marital dispute ongoing for years between myself and wife. However, recently myself and wife reached a settlement via the Supreme court Mediation center for mutual consent divorce and withdrawal of all ongoing litigation's. As per settlement agreement all requirements of wife are satisfied. After Mediation the Supreme Court taking on record the Settlement Agreement passed judgement final order and quashed cases as well as granted divorce. However, in this judgement order one case point was mentioned separately, and I am not clear about this point interpretation. Let me explain this, my wife had filed a FIR No. ____ against me, and I had filed for quashing of this specific FIR No. ___ under section 482 in the High Court. Related to this specific quashing case in the HC, the SC has made below statement in the final judgement order. Also, below is the ONLY order statement made in the judgement order related to this Quashing case under section 482 and FIR No. ___. “ANOTHER PETITION FILED UNDER SECTION 482 CrPC FOR QUASHING OF FIR No. ____ DATED ____ UNDER SECTION 12(1)(B) OF THE PASSPORT ACT, AT POLICE STATION ___ IS ALSO CLOSED AS HAVING BECOME INFRUCTUOUS.” Kindly advise what does the above point from the SC order mean: Does it mean that the underlying FIR No.____ filed by my wife against me is closed? OR the case for quashing of this FIR No. ____ by me under section 482 CrPC in the HC has been closed and FIR No. ____ still remains open for litigation? My intention was to close/quash this FIR against me so that I do not face any problems in future related to this FIR. Thanks
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Hello,
The para directly means that the case pending before the HC is closed,, which eventually means that the FIR is also closed.
Share the certified copy of the order with the police station where the FIR has been filed.
Regards
Your case is closed not your wife's as per the above order. Once SC accepts mutual consent divorce it will automatically pass rye quashing order. You can move for rectification of the same I'd found incorrect
- It means that the pending FIR lodged against you under section 12(1)(B) the Passport Act by your wife , and which you approach under section 482 for quashing , is also closed with this order for divorce , as now further continuation of this FIR is not having any value in the eye of law.
- Finally you can understand that , there is no pending cases in any court of law or police station , whether civil or criminal against each other with the disposal of the mutual divorce petition.
- Further for your satisfaction and knowledge , i want to mention that :-
- Divorce by mutual consent is final and binding, and thus cannot be challenged in any Court by either of the parties.
- As the basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot breach the agreement and decisions.
- Hence, the Decree granted under the mutual consent, and based agreement is final & unchallengeable by your wife,
- Even, if she will try to breach the agreement and decision of the case, then it will be considered as Contempt of the Supreme court.
Good luck and dont forget to rating Positively.
This means that as you have reached a settlement with your wife, she has withdrawn cases ie FIR against you. In the event of the withdrawal of the FIR the petition u/s 482 has no relevance.
Meaning thereby that when the FIR doesn't exist the petition becomes infructuous ie of no use.
So the petition is closed.
Hi
The Supreme court had taken on record the settlement agreement and passed final order and quashed all pending cases including the FIR u/s 12(1)(b) of passport act.
Technically there are NO pending cases against you.
As a result of supreme court order your quash petition u/s 482 cr.p.c of FIR No __ u/s 12(1)(b) of passport act in the high court will also closed by virtue of supreme court order.
There will be no problems for you in future with reference to this FIR.
It does not mention that FIR is quashed
apply to SC for speaking to minutes of order and to quash the FIR
The Supreme Court has said that because it is quashing all the cases against you the petition filed by you in the High Court has become infructuous. After the Supreme Court has quashed the FIR in respect of which you filed the petition for quashing in the High Court, the relief sought by you in your 482 petition before the High Court can no longer be granted by the HC.
So far the extract of the order is given by you, it is clear FIR lodged by your wife is not closed but the quashing application for the FIR is closed.
1. The statement means that this FIR is also closed and quashed , the FIR is infructuous and is closed it is not open for trial now.
Don't worry. The criminal case is quashed and it has become non existent any more.
In future on the basis of same FIR no fresh investigation would be initiated.
However that doesn't mean that on occurence of a new crime the wife can not set in motion another FIR against her husband.
In other words on the basis of new cause of action fresh case can always be filed.
Dear querist,
Let me ease the wordings for you as said in the order by Honorable Supreme Court that "The petitioned filed by you under section 482 cr.pc has been closed because it has become infructuous, which means that since the matters related to your case has been settled by both the parties, there is no requirement to pass any order or grant any other relief, therefore, the SC has closed your petition."
which means that the F.I.R filed against you is liable to be closed, just submit the order of the copy alongwith the mutual decree and the F.I.R will be closed against you.
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
Dear Sir,
The speaking order if creates doubt can better be clarified by a clarification application as you if have reached Supreme Court must had spent quite long period in litigation and hopefully the amount of money you would spent in further one or two hearing wont be of much consideration as far expected.
It is definitely better to have a specific order rather than a lingering one.
All cases are closed. Become infructuous means, lost cause of action due to SC order.
SC has quashed the FIR so quash petition itself become infructuous.
Although from the facts stated by you, it transpires that all pending cases between you and your wife have been put to an end and that is why the quashing petition filed by you has been ordered to have become infructous. however, the complete order including the mediation report is to be seen to answer your query.
By the judgment passed by the supreme court and the contents of the order mentioned by you, it can be seen that on the basis of the settlement agreement arrived at supreme court and the apex court subsequently passing an order to dispose the disputes between you both, the specific reference to the pending petition filed under section 482 cr.p.c. to quash the pending FIR, based on the final disposal by the apex court, ll such pending applications and FIRs becomes infructuous, it means it is no more valid.
Thus they also stand disposed automatically without requiring any further action on it.
Dear Querist
All the proceedings have been closed by the order of the Hon'ble Supreme Court.
as all the matter which is pending before the High Court or lower court has no value after the SC order hence the SC mentioned in the Order that the matter pending before High Court becomes Infructuous.
So no need to worry, Order is in your favor and no litigation remains open for litigation.
Feel Free to Call
1. It means that FIR against you have been quashed and case filed by you under section 482 CrPC have become infructuous as FIR has quashed.
2. Once an FIR is quashed then all case related to it become infructuous.
As an extension to my previous question. Myself and wife reached settlement at the Supreme Court New Delhi mediation center, based on settlement agreement the Supreme Court passed judgement granting divorce as well as quashing all cases. However on this specific FIR after I went to the local police station with a copy of the Supreme Court New Delhi judgement order informing them that the FIR stands quashed, the police does not understand the statement made by the apex court. I believe that as per the Supreme Court statement the underlying FIR is also quashed, however the police station does not seem to understand. How to explain them that FIR is also quashed ? And how to best explain the Magistrate as Police Station plan to present me before Magistrate for Challan ? For reference The Supreme Court New Delhi has recorded below statement on quashing petition under section 482 to quash this FIR in the High Court filed by me. "“ANOTHER PETITION FILED UNDER SECTION 482 CrPC FOR QUASHING OF FIR No. ____ DATED ____ UNDER SECTION 12(1)(B) OF THE PASSPORT ACT, AT POLICE STATION ___ IS ALSO CLOSED AS HAVING BECOME INFRUCTUOUS.”
The poluce station people are as*ho*es. The FIR does not exist anymore. Show a certified copy of the order of the supreme court. If they do not relent then file a contempt application against the police and the SHO in the high court.
Your approach to police station on the basis of the supreme court order is a sheer misguidance.
Who directed you to approach concerned police station?
The police job is over when the FIR is filed before court.
Now you have to approach the concerned trial court with the certified copy and a discharge petition to discharge you from the case since the FIR has been quashed by supreme court.
The police cannot relieve you from the case, their duty is only to register the FIR and prosecute the case, to get you relieved from the case is the duty of the trial court, hence you better contact your lawyer and approach trial court alone for this purpose.
- Take certified copy of the order passed by the Supreme Court , and submit the same before the magistrate where your case was going on.
- Now, there is no FIR and complaint against you.