You can file one petition for quashing of FIR and charge sheet
2) no need to file separate petition
3) your presence is necessary in Hc during hearing of quashing petition
498a quashing
Dear experts, I am an NRI and I have a 498a on me and my parents. My parents are in India whereas I live and work abroad. The 498 FIR was filed by my wife in November 2022 and the chargesheet was filed by the police in August 2023. My parents visited the police station just once in January 2023 to give their statements and submit their anticipatory bail papers. I never received any communication or 41a notice from the police so I never went to India or tried to contact the police. Now, we want to file a quash petition in the honourable high court of Karnataka and obtain a stay on the entire proceedings of the lower court. (I have given my power of attorney to my father in October 2022 when I was in India.) 1) Do I need to travel to India to apply for quashing in the HC ? 2) Should my parents file a separate quash petition and I file a separate quash petition ? (suggested by a lawyer) 3) My parents already have anticipatory bails but do they need to obtain regular bail to go for quashing ?
Asked 2 years ago in Family Law
Religion: Hindu
9 Answers
Dear Client,
Travel to India for Quashing Petition: Generally, it might not be necessary for you to travel to India in person to file a quashing petition in the High Court. Many legal procedures can be carried out through authorized representatives or lawyers. Your power of attorney to your father could potentially be used for this purpose.
Filing Separate Quash Petitions: If your parents and you are made parties to the case then to file separate quash petitions does not arise. If the charges against each of you are different or if your roles in the alleged offense are distinct, separate petitions might be appropriate.
Regular Bail for Quashing: Anticipatory bail and regular bail serve different purposes. Anticipatory bail is sought to prevent arrest, while regular bail is typically sought after arrest to secure release during the trial.
1. no need
2. joint petition can be filed.
3. No need
1. Since, there is an FIR against you , then you should take anticipatory bail from the session court before coming to India.
- Further , for quashing the FIR , your presence is not mandatory ,however the court may direct to appear , and hence your lawyer can move an application for exemption with the petition on your behalf on the ground of working abroad.
2. Not necessary , one petition can be filed on behalf of all
3. No, anticipatory bail is enough , and regular bail will be granted unconditionally , when they will appear before the court after receiving the summons of the court
1. Yes, if you also wish to file a petition for quashing. All accused should not jump for quashing of FIR. Go strategically. Quashing is a double edge weapons.
2. Yes, only if no case is made out on the basis of contents of FIR
3. If chargesheet has already filed and if they have received notice from court then they should apply for regular bail.
1. You don't need to appear in person before high court for filing the quash petition before high court.
2. A single quash petition to quash the charge sheet would be sufficient.
3. Not necessary.
1. You father can file the quashing petition on your behalf in the HC.
2. no, all of you can file a single petition.
3. They may file quashing even if they haven’t surrender and obtained regular bail.
Hi, There is no need to travel to India for filling quashing petition in the High Court of Karnataka.
[2] All of you join together can file a Petition for quashing. I don't think separate petition is required.
[3] Obtaining a regular bail is nothing to with filling a Petition in the High Court.
No.
Are you also made accused in the charge sheet ? Single petition will file.
No.
