• Can the accused successfully quash proceedings in High Court

My brother occupied the flat in my Father's name where I was living for more than a year in Vadodara, Gujarat, by deceit. He has also barred me from the building where I have my own flat as well. I have filed a criminal complaint against him under section IPC 339, 441 and 443, since the police did not help me. The case has just begun. Can my brother get the case quashed in the High Court, without the HC ever giving us a chance to respond? Should we file a caveat in the HC as a safeguard ?
Asked 15 days ago in Criminal Law from Vadodara, Gujarat
Religion: Hindu
1) quashing is to be done only in exceptional circumstances 

2) no need to file caveat 

3) you would be given chance to object to brother petition for quashing 

4) court would consider report of IO before passing orders 
Ajay Sethi
Advocate, Mumbai
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1224 Consultations
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Quashing is rarely allowed and if the complaint prima facie discloses commission of offence then there is little chance of quashing.
There is no way the caveat can be filed in criminal case.However oyu would get notice to contest their claim of quashing if they files any in high court.
If the police is not doing proper investigation you can approach high court agaisnt police inaction.
All the best.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
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Merely because it is family dispute does not mean that no FIR can be lodged 

2) court would consider the police report and yiur objections before passing any order 
Ajay Sethi
Advocate, Mumbai
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1224 Consultations
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Once FIR is registered the court does not look any other report which has no connection with the case which is ut under challenge.
So previous reports have no nexus with the quashing petition.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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1. Quashing is an extraordinary remedy which is parctically allowed by the HC in only very exceptional cases. A case may be false but the falsity of it may have to be proved at the trial. 

2. Even if your brother applies for quashing in the HC you can field your own lawyer in the HC to oppose his quashing petition. The HC will not quash it without affording a due opportunity of being heard to you if you choose to oppose his petition,
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1. He can file the quash petition only after the charge sheet is filed by the police.

2. Most of the High Courts do not entertain quash petitions before charge sheets are filed.

3. Caveat in High Court is filed against some order passed. At this stage no Caveat can be filed before the High Court since there has been no order passed by any court against you.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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1. The police shall have to convert your complaint lodged to FIR against your brother requiring the IO to investigate and submit charge sheet in connection with your said complaint.

2. Unless FIR is filed, no charge sheet will be issued and there will be no scope for quashing the said FIR.

3. Unless and until police files charge sheet, your brother can not file quash petition.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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If your brother has filed a petition to quash the case pending against him, the court will send summons to respondent police and also to the defacto complainant, i.e., you.

In case you feel that the summons get delayed and you know the next date of hearing in the case, you may engage an advocate and file vakalat as well as an objection to his petition.  

The court will hear both the sides and will decide the case on merits. 

There will not be any use by filing a caveat after he files petition to quash. 

If he is yet to file a quash petition then you may rush up with a caveat petition before high court before he flings into action. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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In the past, the police did not do any investigation on the basis of my complaint, maintaining it is a family dispute. So while considering any quashing petition, will the HC  rely on the police report or will the IO will be appointed by the court. We have stated in the criminal complaint that we reject the police report in the matter.

The high court will consider the case before it only on the merits of the case and it will not retrospect  into the circumstances on its own.
The parties to the case have to explain the circumstances and the merits of case from both the sides. 
The high court will decide the same accordingly. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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