• 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 Can a Joint Quashing Petition be withdrawn AFTER it is lodged?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 1 month ago in Property Law
Religion: Other

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

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 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

Joint quashing Petition is the last thing which is done after consent terms are filed and accepted by the court

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

- 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 . 

Mohammed Shahzad
Advocate, Delhi
8791 Answers
94 Consultations

5.0 on 5.0

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

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

The quash petition can be filed even before getting a compromise decree in the court.

The quash petition can be withdrawn as well.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

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. 

Yusuf Rampurawala
Advocate, Mumbai
6638 Answers
63 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer