Hello, I had earlier shared details about a case that a very close friend of mine had filed against her partner. She had filed a 354 (A) FIR against him in January. Since then, it has been 4 months and now she has decided to close the case as it is going nowhere. The boy's family had filed for quashing of FIR on merit way back in January itself. But the next date for that hearing is in August, and my friend is going abroad for 3 years and would like to finish off this case ASAP. Besides, quashing on merit is rarely accepted.
Now they have been in touch with the boy's lawyers for a while regarding filing a joint quashing in court. What I wanted to know is - isn't it necessary for them to first withdraw their earlier quashing petition in order for us to file a joint petition? As far as I know, two petitions cannot be filed in regard to the same case. Their lawyer is suggesting that both can happen on the same day, i.e - filing of joint petition and withdrawing of earlier one. Is that possible? My friend's family doesn't want to walk into a trap.
Thanks for all the advice!
P.S - My friend doesn't want to sign a settlement deed and attach it to the previous quashing petition as it contains alot of mud slinging and character assassination, so that option is not there.
Asked 1 year ago in Family Law from New Delhi, Delhi
1) earlier petition for quashing has to be withdrawn to file joint petition for quashing
2) you are correct 2 petitions cannot be fined in respect of same case
1) An offence under Section 354A IPC is non compoundable.
2) However if an compromise can be entered in to between the parties and submitted to the high court along with the joint quash petition, then the case can be quashed. Please find enclosed the judgment in this record.
3) First they should withdraw the earlier quash petition and then file a joint petition. both cannot happen in the same day. So better to withdraw the earlier quash petition.
4) Alternatively the second option which is slightly risky after seeing your post script (do not do this unless you have a good lawyer): In the joint petition, you can request the court to declare the earlier quash petition as infructuous and consider the joint quash petition only.
Hope this helps
Hi Mr. Sripathi, thanks for responding. Just as an added info, the chargesheet hasn't been filed yet. I wanted to confirm - a settlement deed needs to be attached with the joint quashing? Just a joint quashing petition won't suffice?
As for the second option, in that case the previous quashing doesn't need to be withdrawn before filing of joint petition?
Asked 1 year ago
you should enclose the settlement deed arrived at between the parties in the petition filed jointly for quashing
The question here is not joint quashing, instead your friend can file an affidavit stating that she has no objection to the quash petition filed by the petitioner for whatever reasons she may cite therein.
There is no need for withdrawing the existing petition and then file a joint petition etc.
If charge sheet has not been filed then it should be FIR quashing petition. No doubt in normal circumstances the high court may not entertain such petitions but since the defacto complainant is filing an affidavit stating that she has no objection to the quash petition, the high court may consider the same and may order quashing the FIR as prayed for.,
The affidavit filed by the defacto complainant shall suffice the requirement, there is no need for joint petition or withdrawing the previous petition etc.
1. If the first quashing petition is pending then it should be withdrawn before mutual quashing is based on the basis of mutual consent. The withdrawal of the existing petition and filing of fresh one can happen on the same day.
2. The joint petition need not be necessarily accompanied by a MOU.
A compromise(settlement) deed signed by all parties has to be filed jointly along with joint quash petition. This is the safest way to get the high court to quash the case filed under sec 354A.
Alternatively a joint quash petition alone can be filed, but since in high court only advocates sign plaints/petitions/complaints(there will be no proof of parties signing documents), chances are less likely that the high court will quash the petition.
Technically the previous quash petition is redundant once you file a joint quash petition. However your lawyer should ensure that the drafting of joint quash petition is done in such a manner that the earlier quash petition is permanently withdrawn and can never be given a new lease of life at any time in near future.
Hope this helps