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Author Topic: Need help in criminal case quash  (Read 264 times)

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jaspal

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Need help in criminal case quash
« on: July 12, 2016, 02:27:18 PM »
Hi

I don't know if its appropriate thread to post regarding 498a and section 82 Proclamation quash. I am re posting here to know future of my case.

I am NRI got involved in false case of 498a and also section 82 because of it.

the compromise is complete with mutual divorce being granted and the girl is paid fulll n final. she is bound to help in quashing as per settlement.

My proceedings were done by my attorney. High court is asking for presence. I can not come to india because of job and loans that i have to pay.

What is the purpose of my presence ?? does my presence means that I need to go jail then get bail amd then apply for quash. I mean the girl got whole amount and I am still struggling.
I did compromise just to get rid of the long dragging cases as I and my family were loosing health and patience. I thought that easily case will get quashed after conpromise

How can I get relief in high court and what are the chances?

if I don't get relief what's the scope of going to supreme court? I heard supreme court has granted relief if case is matrimonial and there is genuine compromise.

thanks

Offline advshelly

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Re: Need help in criminal case quash
« Reply #1 on: July 13, 2016, 05:13:18 AM »
Your divorce petition shall contain all the terms and conditions including settlement of 498a and such other matters.

to quash the FIR both you and wife have to jointly file in High court for quashing of FIR thats all.

you don't have to go to jail, that chapter is permanently closed
Advocate Shelly is a Top Notch Learned Council

jaspal

  • Guest
Re: Need help in criminal case quash
« Reply #2 on: July 13, 2016, 05:48:17 AM »
thanks for the reply.

MY concern is the presence exemption amd case quash. the quash petition is supported by ex wife affidavit.

If high court doesn't grant presence exemption then can I move to supreme court.

the quash case was filed by my attoeney.

thanks

 

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