Legal Question in Criminal Law in India
my marriage was held on 31-05-2013, wife stayed with me till 17-06-2013 and went to her parents. she complained on 11-10-2013 and on 12-10-2013 FIR is registered with 498A IPC AND SEC.3 & 4 OF DP Act, 1961 on me-A1, my dad-A2, my mom-A3, my unmarried younger brother-A4, my unmarried youngest brother-A5 and my moms brother-A6. A1,A3,A4,A6 are on remand for 4 days and now on regular bail. A2 got surrender bail; only A5 is shown absconding(Still no bail is taken) in charge sheet which was filed on 16-11-2013. According to us, they dont have Any Material Fact-Evidences but only 6 Fake Persons Satements in which 2 are Eye Witnesses who allegates that they saw us beating my wife on road. we gone to High Court for Quash on All except on me-A1 on 05-02-2014. Complaint=FIR=Charge Sheet: All are Carbon Copies of Their Complaint only.
Q1. How much time will be taken for Quash?
Q2. Is it possible to Quash all the names viz., A2-A6.? Or a Partial Persons can also get Quashed their names?
Q3. A4 is a student and is selected for a Central Govt. Job. Police Verification is going to be held within 15 days! What to do? Can we mention the pending cases of him or not?
Q4. A5 is a undergoing Indian Civils Services coaching in North India (we are of AP) hence we didnt take Bail to him. will it be a problem for Quash since he is still Absconding?
Q5. The Civils Notification is going to be released Next month? How to fill Application- since a Criminal case is Pending?
F I N A L L Y
Q6. We came to know that Usually False cased-Wifes wantedly Delays in giving Counter for Quash in High Court! Even sometimes wont respond at all?
Q7. Is there any way to make my Quash Process Fast!! (i)A4 Job is awaiting within Few Days!, (ii)A5 Career is fixed with Civils Application Form. My But my Advocate says that Most of them wont give counter and Quash can be taken for Years also.
Q8. Is is possible for EXPARTE Order if she wont respond!
Q9. What are the Step by Step Procedures in Quash Petition Movement?
Q10. We have some Evidences with us but my Advocate says High Court wont look at Evidences? Is it True? and moreover my Advocate Refused to include me-A1 in Quash, saying it is of no use?
Please reply for all Questions!!!!!!!
2 Answers from Attorneys
your question needs extensive research come up with all the documents for our perusal.
1. Time taking for conclusion of any court proceedings cannot be predicted.
2. During police verification for a government job, you should mention all the facts without concealing anything.
3. You may need to contact a lawyer and discuss your case personally for appropriate legal action.
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