My company had lodged a criminal complaint against me in 1996 for forging cheques and withdrawing money u/s 420/467/471 IPC.Now the matter has been compromised and the compromise documents are filed in the trial court in the presence of the complainant.Now I am planning to go to High court for quashing of FIR.I have a few querrys to ask in this regard:
1.How long does this process take?My next hearing is in october.
2.Is physical presence of complainant necessary in the high court?The complainant
is a Ltd. company and their authorised representative was present in the trial
3.What are the chances of quashing particularly when the company is a public Ltd.
2 Answers from Attorneys
Quashing of an FIR is not a right for you in such a case. However if you engage an experienced advocate, then there is a possibility that the quashing may take 3 to 5 hearings. The complainant should be present in the high court for quashing of the FIR. We advise that if a compromise has arisen then file a joint petition in the HC and make the state as the respondent,but remember your advocate should cite the appropriate citations for such quashing. JSR/29813 To know us better, please click on the links below: http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82
As the offenses are non compound able, you need to make out a good case for quashing. Presence of parties in the court is mandatory.
Thanks and Regards
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