• Quashing final process in Chandigarh High Court

I have a final court hearing in Chandigarh High court for 498a quashing. Here is the link:

https://phhc.gov.in/enq_caseno.php?var1=CRM-M&var2=5972&var3=2016

During the quashing hearing, it is necessary that both the party counsels be present?

My lower court lawyer from Faridabad says this is not required. I am looking for clarification since the opposite counsel lawyer didn't turn up and the case for adjourned to Dec 3.

Feeling very disappointed. Please recommend.
Asked 11 months ago in Family Law from Meerut, Uttar Pradesh
Religion: Hindu
1) it is not necessary that both party counsels remain present 

2) however ti is better that both side counsels remain present during arguments 
Ajay Sethi
Advocate, Mumbai
33793 Answers
1872 Consultations

5.0 on 5.0

1) quashing is to be done only in exceptional circumstances 

2) your lawyer should remain present for arguments 
Ajay Sethi
Advocate, Mumbai
33793 Answers
1872 Consultations

5.0 on 5.0

Quashing of FIR in 498a can be filed under crpc 438 in high court and it can be done only before trial starts.Hearing of lawyer is an important for quashing a case. If both the counsels are present then it is better for adjudication.  

My lower court lawyers have claimed that high court will quash the case without the presence of counsels

It is not true
Ajay N S
Advocate, Ernakulam
2344 Answers
28 Consultations

5.0 on 5.0

If the counsels are not present then who is going to argue the case? Inevitably the counsels of both parties are to be present if the quashing is jointly applied.
Ashish Davessar
Advocate, Jaipur
20795 Answers
554 Consultations

5.0 on 5.0

During the quashing hearing, it is necessary that both the party counsels be present?

Yes, during the hearing the counsels of both the parties are to be present before court.





My lower court lawyer from Faridabad says this is not required. I am looking for clarification since the opposite counsel lawyer didn't turn up and the case for adjourned to Dec 3.


Dont be lethargic towards the issue lest you may tend to lose the case.  If your advocate is not cooperating then you may change the lawyer. 
T Kalaiselvan
Advocate, Vellore
23756 Answers
235 Consultations

5.0 on 5.0

My lower court lawyers have claimed that high court will quash the case without the presence of counsels. Is this true?

Any court, whether high court or lower court shall desire the conself of the party to represent the case, convince the court the reasons for approaching the court and shall also expect the convincing reasons expressed by the counsels for and against along with their evidences. 
Your advocate seems to be misinforming you, you may better appoint another advocate in his place for effective result. 
T Kalaiselvan
Advocate, Vellore
23756 Answers
235 Consultations

5.0 on 5.0

Hi 
1) Have gone through the Case docket of your case at Punjab and Haryana High Court.

2) Since the court has directed the parties to appear before the Illaqa Magistrate/trial Court on 30.08.2016 for getting their statements recorded with regard to the compromise and has also directed The Illaqa Magistrate/trial Court to submit the report on or before 30-Sep-2016.

3) If the other side (Respondents/ Their lawyers) do not turn up on 03-Dec-2016, the case will be decided as ex-parte and in your favour. 

4) It is mandatory that your lawyer be present for High court to quash the case in the event of the other side lawyer not being present inspite of High court directions.

So No Worries. 
Rajgopalan Sripathi
Advocate, Hyderabad
1076 Answers
99 Consultations

5.0 on 5.0

Ask a Lawyer

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