• Petition filed for quashing

FIR is filed and charged with IPC sections 406,420,467,468,471,and 472.
I filed a Quashing Petition in a Highcourt of Gujarat Ahmedabad.
What are mu options for quashing?
How long will it take to quash the FIR?
Can police arrest me or take me on remand?
Asked 3 years ago in Criminal Law
Religion: Other

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11 Answers

Hi,  filling Petition under Section 482 before Hon'ble High Court is entirely different. It is better you can apply for anticipatory bail so that police will not arrest you. 

 

(2) Normally,  482 petition will not be quashed unless notice to Complainant. After hearing both side Court will pass appropriate order. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Quashing is the exception and not the rule.

Therefore it is rarely allowed.

In any event without seeing the contents of charge sheet it is difficult to advise on the merit of the case.

For filing quashing wait till submission of charge sheet. 

 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Offences involved are forgery of valuable security, using as genuine a forged document and making or possessing counterfeit seal. It depends on what the material objects are seized by the police as charges pertain to documents. If the incriminating documents are with police, High Court may not interfere.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Hello,

  1. That while the petition to quash the FIR, the investigating agency can arrest you if they need to for the purpose of investigation. It is not a cover from arrest. You can file for anticipatory bail and possibly secure it with conditions riding on to avoid detention after arrest.
  2. The quashing can happen only if there is exceptional merit as the courts are generally not inclined to quash when the charges are of serious nature and a prima facie case is made out by the investigation.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

The high courts are generally not inclined to quash the fir unless prima facie there is no case as made out in the fir. They may grant you interim stay of arrest so that you may move an anticipatory bail application immediately.

 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Quashing is to be done only in exceptional circumstances 

 

2) HC is reluctant to quash FIR  pending completion of investigations 

 

3) you should apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94511 Answers
7484 Consultations

5.0 on 5.0

The reasons that you rely upon for filing the quash petition have to be perused based on the background of the case and your involvement in the case or the reason that you have been implicated in the case, hence you may revert with some background details of the case because your incomplete conformation may not fetch you a proper opinion. 

 

It depends, if the case is listed and the respondents appear on the date of hearing before the high court, it may be disposed on the same day also.

 

If you have already obtained anticipatory bail then the police may not arrest you.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

- You should apply for getting anticipatory bail from the session court , otherwise you may be arrest and police can take you on remand. 

- Further , as your quashing petition is pending before the High Court , then your lawyer can request that court for stopping arrest warrant till the time finalization of the quashing petition. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

Dear Sir/Ma'am

It is advisable to get Anticipatory Bail from the Court which will help in not getting arrested. Since the offences mentioned by you, are of serious nature, quashing of FIR is totally based on the discretion of court. This power is used very rarely in less serious offences. 

But considering your case, getting an anticipatory bail would be the best option. 

Thank You

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Quashing petition with consent of the original complainant usually takes shorter time for disposal if we received the consent affidavit and the settlement deed signed by the original complainant. 

 

The police in such cases cannot usually arrest or take you on remand as its a civil offence clowned under the criminal color, however the state authorities are empowered to ask you to cooperate with investigation, failing which they shall approach the concerned Court of Judicial Magistrate to ask for your remand in the FIR. 

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

Subject to section 41(A) of Cr.P.C police can arrest the accused. coming to the options of quashing, the broader principle for quashing is .. if the entire material allegations found in the compliant if taken on its face value as true.. if still those allegations does not constitute any offence then only it will be quashed by the High Court. regarding duration if at the admission state if court feel that it is a case for quash court will consider granting stay of investigation. else, court will dismiss. so immediately within no time you will understand the actual situation. since you have already filed you please ascertain the actual facts.

Sricharan Telaprolu
Advocate, Hyderabad
170 Answers
88 Consultations

4.9 on 5.0

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