Quashing of FIR/Criminal Proceedings Under Section 482 of CrPC
Email:- aturchatur@yahoo.com
Quashing of FIR/Criminal Proceedings Under Section 482 of CrPC
1. quashing of fir
- a LTR may always be a better option than a quashing
- sc has issued guidelines on quashing of 498a ipc
- petition to quash u/s 482 is maintainable if the police comes running with charge sheet after the quash is applied
- landmark judgments may facilitate qushing
2. Quashing of FIR/Criminal Proceedings Under Section 482 of CrPC
- Requires checking rooster at the high court
- Conditions may be imposed on husband
- LTR may be better
3. What is quashing of case?
- To get the order quashed or an entire FIR or charge sheet quashed
- Quashing means finishing a case permanently
4. Can session court quash FIR?
- Session does not have power but a LTR filed in sessions may weaken the chances of FIR getting stronger on the husband
- Discharge versus quashing needs to be studied but LTR may be best suited
- Article 187 may be used too
5. Can FIR be quashed before chargesheet?
- Proceedings can be revoked by a stay also
- Apply for quash but in prayer ask also for stay of proceedings
- Code/CrPC), 1973 has laid down provisions to handle but a LTR may always be better to put on record the falsity of a false FIR
6. How long does it take to quash an FIR?
- Quashing may take few months to few years
- Stay in prayer is always better
- LTR if filed prior to quash may help the husband in quashing 498a ipc false proceedings against him
7. quashing of fir after chargesheet
- there are inherent powers of High Court
- using those for benefit of men to close false FIR may help through a LTR
8. quashing of fir petition format
- format is widely available for quashing but do you really need quashing when LTR may help better way to put on record falsity
- Narinder Singh v. State of Punjab (2014) 6 SCC 466 may be used by husband
9. quashing of fir on the basis of compromise
- preventing abuse of court is prime concern
- power of court to quash criminal proceedings are wider and LTR helps supplementing these with real on record documentary evidences
10. documents required for quashing of fir
- evidences proving falsity
- vague allegations
11. quashing of fir case laws
- Prashant Bharti v. State of NCT of Delhi (2013) 9 SCC 293 may be used too
- Parbatbhai Ahir v. State of Gujarat (4 Oct, 2017)
- Sushil Kumar Sharma v. Union of India (19 July, 2005)
- B S Joshi v. State of Haryana 2003 (4) SCC 675
- Geeta Mehrotra v. State of Uttar Pradesh
- Girish Pandey v. State 2016
12. quashing of fir meaning in hindi
- bhajan lal judgment is still relevant
- R P Kapur v. State of Punjab 1960 AIR 862 may also be used to close FIR by filing LTR
13. how much time it takes to quash an fir
- if accused dies then case is quashed but filing of application is necessary
- time depends upon the crime nature
14. criminal writ petition for quashing of fir
- writ may be filed
- but LTR always a best option for on-record evidences
Therefore, it can be seen that the FIR is a legal document and the guidelines of the Supreme Court need to be followed but if the matter is required to be closed or cancelled by the accused based on falsity or based on counter evidences etc then it is suggested to file a LTR immediately. Further, for the benefit of men there may be many men rights activists or men rights organizations may be active to help pacify the men but the pacification or sympathy is NOT what a man/ husband looks for when false cases are filed on him. Hence, government of India needs to start a men cell india which may suggest the real fighting tactics to the men vis-a-vis counter/s and/ or challenge/s to close a false CAW or a FALSE FIR against a man/ boy/ husband/ celebrity, hence in all over India the government of India needs to start a Men Cell in Delhi type cells for men which must be registered by government of India to help boys/ husbands/ men from false cases and atrocities by disgruntled women/ wives/ girls and by the police respectively.
quashing is not as difficult as it sounds when you file a LTR before filing quash u/s 482 crpc
ReplyDeletego for quash but before that make your case strong in lower court and bring your documents and evidences on record and this may be done by LTR
I got in a thankful position by the expertise of atur chatur
great service for the nation.
salute to aturchatur bhai
i am with you in this fight against false cases by wives on their nri husbands like me
A Non Resident Indian (NRI) husband when trapped in a false 498a FIR looks for help seeking Quash Petition or Samples of a Quash Application u/s 482 Criminal Procedure Code.
ReplyDeleteBut, in order to have a better discussion on the dowry laws procedures and especially relating to closing of a false FIR under section 498a ipc FIR, then as per Atur Chatur, one may contact the NRI 498a Helpline in India for the NRI husbands.
NRI QUASH
http://www.nriquash.com
The above website for NRI Quash relates to some steps which may be done by a NRI before he files a quash petition so that the chances of success of a Quash Petition are higher for the simple reason that a Quash u/s 482 crpc or a Bail or Anticipatory Bail u/s 438 or u/s 439 CrPC may comes with conditions such as:-
- Travel Restrictions
- Passport Impounding
- Attending Court or Joining Police Investigation by personal visit to India despite the busy schedule of the Non Resident Indian husband who may be working in USA/ UK/ Dubai/ Australia/ NZ etc
Hence, vis-a-vis a NRI Men Cell or a Helpline for the NRI's especially for the NRI husbands to counter false 498a, the help may be sought from:-
http://www.nri498ahelpline.com
Since a false FIR is a human rights issue for a NRI husband, hence, it may be utmost necessary to invoke the Human Rights of the Non Resident Indian husband living abroad so that the wife does not get blue corner notice or god forbid even a red corner notice issued against a NRI by contacting USA Immigration against the NRI husband using her false, wild/ bald and concocted stories.
Therefore, Human Rights of a NRI may be invoked by understaindg some key human rights issues related to a NRI husband listed at:-
http://www.humanrightsofnri.com
if any help is needed then contact any time (24 hours):-
http://freeconsultationonemail.aturchatur.com
email:- aturchatur@yahoo.com
or visit the website:-
http://quashpetitionfir498adiscussiondowrylawhelplinenri.mancell.org/
A Non Resident Indian (NRI) husband may start looking for best NRI Lawyer in Delhi when his wife goes to Crime Against Women Cell (CAW) in Delhi and she files multiple false cases against the Non Resident Indian Husband vis-a-vis false dowry claims.
ReplyDeleteInstead of a best NRI Laqwyer in Delhi or a best NRI Dowry cases lawyer in Delhi or a best 498a counter cases Lawyer in Delhi or best advocate in Delhi, it is suggested to the NRI to get in touch with aturchatur and file a LTR as per the given link below:-
http://www.socialstigma.in/2017/10/how-to-close-false-caw-or-false-fir.html
Hence, when a Non Resident Indian's wife leaves USA and goes to India without his consent or avoids to come back to USA/ abroad with the NRI, then the NRI must immediately file a LTR instead of waiting for the wife to take a step ahead.
Similarly, a LTR Fair and Unbiased Investigation and also a LTR Protection from False and Arbitrary Arrest and also a LTR Protection from False Cases, are the three major types of LTR which a NRI may file immediately when a wife goes to CAW or a FIR is lodged at PS.
if any help is needed then contact any time (24 hours):-
http://freeconsultationonemail.aturchatur.com
email:- aturchatur@yahoo.com
or visit the website:-
http://falsenri498abestlawyernridivorcedowrycasesindelhi.mancell.org/