In Bombay it is not necessary for each accused to remain present at time of quashing of FIR .however presence of complainant who has filed consent affidavit is necessary
it may be that judge in Delhi HC insists on personal presence of all accused
FIR quashing 498
My wife has filed FIR (498) against me and my family. We have settled with a certain amount divorce order is also granted. Next part is FIR quashing. My lawyer is telling that everyone has to present ( mother , sister, brother) before high in order to quash FIR.Earlier he was telling no need to come anyone. My actual question,does everyone ( mother, sister, wife) has to appear before high court or he is playing foul with me .
Asked 9 months ago in Family Law
Religion: Muslim
18 Answers
No need for everyone to appear in hearing only lawyer can appear
Though not necessary but it is always advisable that all the accused in the FIR are present during quashing , you can file an application for exemption stating the reasons for the absence.
- The appearance of the co-accused is not mandatory before the High Court for quashing the FIR , and specially when the matter is settled between the parties.
- Since , you are main accused in the case , then your appearance is only required, and further the presence of your wife is also needed.
Legally as such no requirement but this is to take sympathy and leniency of court. As such there is no foul play. what benefit your lawyer will get if all named accused stand present in high court? Believe and trust your advocate.
There is no need for party to appear before High Court.
Dear sir,
It is not FIR in 498. It is 498A IPC, where you and your mother and sister are accused. Please see that it is a non compoundable offence hence hence it need to be quashed. Only high court can quash an FIR. All the accused persons and the complainant are to give statement before the high court for quashing the FIR.
It is a non-compoundable offence, otherwise the magistrate should have compounded it when the wife turned hostile.
If everyone present it will take only one hearing. Hope there is a settlement agreement with you.
Please ensure that there is a term which ensures that you are not liable to pay maintenance to your wife. Because a wife can seek maintenance even after marriage.
Anyway, congrats, you settled your matter. best of luck.
The presence of all the petitioners is not necessary before high court in the FIR quashing case.
If the prime accused, i.e., the husband and the defacto complainant, i.e., the wife is present before court on the date of listing, it will be sufficient.
However it depends on the sitting bench, which may be desirous to see the faces of all the petitioners.
Is there any judgement on FIR quashing matter by honourable HC/SC and can I go with another lawyer , divorce done by another lawyer and FIR quashing done by another lawyer.
Asked 9 months ago
You are at liberty to change your lawyer
send notice to your lawyer by registered post or speed post AD to return the case papers and to furnish his NOC to enable you to engage another lawyer
3) on vakalatnama of new lawyer noc of lawyer on record is required
You are always at your liberty to choose any lawyer of your choice for your needs.
You can engage different lawyers for different tasks,there's no restrictions on it.
There are several judgements under section 482 cr.p.c. if you are satisfied with present lawyer then continue with present lawyer but if not satisfied then you can change the lawyer.
Yes you can go to another lawyer
The requirement here is a no objection affidavit from complainant and there is no need of any judgment per se.
Yes you can go with another lawyer but it is always advised to get a NOC from the previous one.
- If you are not satisfied with the present lawyer , then you can replace him
Foul is when advocate says that there is no need to appear before HC. FIR is against you and not against the advocate, hence it can be quashed on your appearance before Hon'ble Court. Hon'ble Court on appearance of all the three make any query to you to his satisfaction before quashing the FIR and in your absence in cannot be quashed.
Dear Client,
In Mumbai, the presence of every accused person during the quashing of an FIR is not mandatory. Nonetheless, it is essential for the complainant, who has submitted a consent affidavit, to be present.
It is possible that a judge in the Delhi High Court may require the personal presence of each accused individual.
judgement on FIR quashing matter by honourable HC/SC - too many
Who advised you that since the inception of the case same lawyer should pursue the case. You can change your lawyer at your own will. You can approach any lawyer for quashing the FIR and you can engage many lawyers in a single case as well.