Who Quash the FIR in Matrimonial dispute .
2 years ago
Hi, I filed my matrimonial case in CAWC and FIR got registered on my husband and inlaws. Now my matter is getting settled. My husband is pushing me to quash the FIR and bear the expenses related to this. But my lawyer said he has to file for quashing the FIR and bear expenses. please suggest what is to be done as per the law practice.
A.Firstly you have to approach High Court for quashing F.I.R u/s 482 Cr. P.C because Constitutional Courts ( High Court & Supreme Court) have power to quash FIR.
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A.Dear Madam,
He has to approach High Court under section 482 of CRPC through advocate.
He has to approach High Court under section 482 of CRPC through advocate.
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Nishant Singh
Responded 2 years ago
A.Hello,
The alleged accused i.e your husband has to file quashing petition before the High Court as Section 498A is Non-Compoundable and you have to file only an affidavit in respect of settlement or you can Jointly file an Quashing petition before the High court.
Generally, alleged accused/husband will bear the cost but in some cases cost will pay by the complainant as per settled terms and conditions.
Thanks with regards
Nishant Singh (Advocate)
The alleged accused i.e your husband has to file quashing petition before the High Court as Section 498A is Non-Compoundable and you have to file only an affidavit in respect of settlement or you can Jointly file an Quashing petition before the High court.
Generally, alleged accused/husband will bear the cost but in some cases cost will pay by the complainant as per settled terms and conditions.
Thanks with regards
Nishant Singh (Advocate)
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Ankita Jaiswal
Responded 2 years ago
A.Obviously u r husband file to quash the FIR, so u give advice u r husband to file in HC to quash the FIR, if u like my ans PlZ rate my ans *****, thanks
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Only HC can quash a FIR but you can file an application for withdrawal of case in lower court.
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Only HC can quash a FIR but you can file an application for withdrawal of case in lower court.
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A.Hi,
Your husband should ideally approach the HC for quashing the FIR.
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Your husband should ideally approach the HC for quashing the FIR.
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Vaidehi Samant
Responded 2 years ago
A.FIR will have to be quashed by filing petition in the High Court and if chargesheet is filed than also after quashing the FIR the matter will have to be withdrawn from the lower Court where chargesheet has been filed. Regarding legal fees for all this process the parties have to decide among themselves but ideally if divorce matters and all subsequent matters are getting settled than for twenty to thirty thousand I do not think it is vise to push the matter. May be you can bear this very small expense but again it is your choice.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.Only HC can quash the FIR.
He should pay to quash application but it depends on settlement.
He should pay to quash application but it depends on settlement.
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A.Yes the FIR can be quashed once the case is compromised and settled then the accused husband can move an application under Section 482 of CcPC to the High Court for quashing.
You can read more about it the following blog;
https://www.vidhikarya.com/legal-blog/Quashing-of-FIR-and-criminal-proceedings-of-498A-by-High-Court-under-Section-482-of-CrPC
You can read more about it the following blog;
https://www.vidhikarya.com/legal-blog/Quashing-of-FIR-and-criminal-proceedings-of-498A-by-High-Court-under-Section-482-of-CrPC
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