Quashing petition is based on settlement arrived at between parties
2) you have to enclose your consent terms to quashing petition
3) consent affidavit of complainant is to be enclosed
4) you are at liberty to withdraw the quashing petition
Should we lodge the Joint Quashing Petition before lodging the consent terms?
Dear Sir, 1. Thank you for your informative replies to my yesterday's query regarding implementing a consent decree. 2. In order to minimize my risk, can I lodge the Joint Quashing Petition BEFORE my sibling lodges the signed consent terms and applies for a consent decree in her favour? 3. Can a Joint Quashing Petition be withdrawn AFTER it is lodged? (I have registered one criminal case on my sibling; while my sibling has registered two criminal cases on me). Please excuse me if this is a naive question. 4. Thanks and Regards
Asked 2 years ago in Property Law
Religion: Other
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6 Answers
Joint quashing Petition is the last thing which is done after consent terms are filed and accepted by the court
- If there is cross FIR ,i.e. you have filed FIR against him and he has also filed against you , then legally joint petition cannot be filed for quashing both separate cases.
- However, one joint compromise deed can be considered for quashing the cases .
Dear client,
As you are talking about criminal cases, it depends on the type of offence, that is, if it is cognizable or non-cognizable. If it is cognizable, you can not do it.
Thank you
The quash petition can be filed even before getting a compromise decree in the court.
The quash petition can be withdrawn as well.
File the quashing petition after filing of the consent terms and passing of a consent decree by the High court in the OOCJ suit of your sibling.
