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QUASHING OF FIR – A WAY TO SAVE INNOCENT FROM FIR AND LITIGATION

quashing of FIR by chandigarh high court

WHAT AND HOW IS – QUASHING OF FIR BY HIGH COURT OF CHANDIGARH

In any Complaint, alleging any cognizable offence, it is duty of Police to register FIRST INFORMATION REPORT (FIR) and then start the investigation of Complaint / FIR and get justice delivered to complainant but some time false FIRs were registered by Police, due to many reasons and innocent persons have to suffer due and face prolonged trial in court. It is observed by Hon’ble Supreme court of India and  by various High courts as well  that  in  many  cases,  such as  under section 498-A  of  Indian penal  code (IPC)  dowry  related complaint, Under section 420 and 406 of IPC related to Forgery and cheating, under section 363, 376 of IPC i.e related to much serious offences such as Kidnapping and Rape, SOMETIME ( it is important to mention here that these are serious offences made punishable for  protection of innocent persons and mostly filed by genuine victims but some time these and other provisions of law are also misused by complainant to settle their personal scores) false FIRs have been registered by Police against innocent persons or  it is  also  possible  that  any  innocent persons  is  framed  by Police  under  very serious offences as Accomplice with main accused, it is very much possible that for this, he would be punished as well on conclusion of Trial without any fault on his part.

 

QUASHING OF FIR

There are options available with innocent person if he is framed in false FIR under different offences provided under law. He can approach Hon’ble High court for Quashing of FIR under section 482 of Criminal procedure Code. Quashing proceeding before Hon’ble high court can be segregated under two classifications further –

On basis of compromise

Quashing of First information report (FIR) on the basis of compromise – Both of these Quashing proceedings / petitions are to be filed under section 482 of Criminal procedure code before Concerned High court only. As name suggest, In this kind of quashing, FIR got quashed on basis of compromise between the parties, this kind of quashing is mostly used in Quashing of FIR involving white collar Crime  or  Financial Crime, Offence  under  section 498- A, 406,  420  of  IPC  or   any other offence Compoundable with permission of court. This Quashing of FIR cannot be done by Hon’ble high court, in serious cases such as Murder, sedition, Gang rape etc

QUASHING OF FIR ON MERIT

This kind of quashing is done on merit or demerit of the FIR, Hon’ble Supreme Court has ruled in number of cases that the High Court can quash an FIR against a person if it did not prima facie disclose any offence or on any technical ground. if upon the admitted facts and the documents relied upon by police or complainant in his complaint, presented before the court in form of Challan or criminal complaint respectively and on careful examination of them by court, the court reaches to conclusion that from facts mentioned therein, no case is made out on face of it then Hon’ble high court can Quash FIR or criminal complaint in question and all further proceedings.

At onlineadvocateindia, one of best Criminal defense law firm practicing in Chandigarh high court, it is our endeavor to educate, inform and provide sound free online legal advice to innocent persons, who are getting victimized by criminal justice system and who are in need of affordable lawyers, to present their case before competent court of law and get them fair chance to protect their life and liberty so that they can lead a peaceful life. Feel free to contact us on 09988170779 or visit us www.onlineadvocateindia.com

 

Quashing of FIR by high court chandigarh

Necessity of WILL- an introspect in context of laws related to Indian inheritance

will in chandigarh

Why anyone need to made his WILL, It’s importance

WILL as name suggest is person’s last wish, through which he want to distribute his hard earned property to his loved one, so that later on they don’t have to face any dispute amongst themselves and can reside peacefully. In other words Will can be legally binding declaration of person’s last wish through which, he distribute his hard earned property to his loved one.

What are necessary points to be kept in mind, while preparing the will in Chandigarh or Will in Panchkula and near by area, it is always better to consult an advocate for preparing your will, professionally, so that later on no problem or issue arose between legal heirs are following –

 

  • The person, who is making will must be above 18 years of age, must be of sound mind and not be incapable in any way or due to any legal binding upon him.
  • Any person can make will of own self earned property or regarding his share in his ancestral property.
  • Particulars of maker of will, property, whether movable or immovable and its location, like in case of gold articles, it must be mentioned, where they have been kept, must be clearly given in will without any ambiguity. It would be good if name of maker of will is correctly given as in his government identity card.
  • As will took effect only after death of person. It is necessary that properties regarding which he is making will must be in his name at time of his death.
  • Will must be registered, however will can be changed at any point of time, it is necessary, while making new Will. All old wills must be cancelled.
  • Will must be signed by two witnesses along with maker of will and they must be present at time of registration of will so that it could gave proper effect to.
  • Any person can be appointed as Executor of will, who would execute Will as per wishes of maker of Will after his death.

 

WHAT WOULD HAPPEN IF ANY PERSON DIED WITHOUT MAKING ANY WILL

 

In absence of will, all properties of deceased, movable or immovable would be equally divided amongst all legal heirs of deceased. This is situation, where most of property related litigation arose and animosity between families also passed to next generation. For example any person had one Bungalow and two sons and two daughter then how that can be given in equal proportions to everyone’ satisfaction.

 

You can ask any question or information needed regarding making of your will to us on 09988170779

 

 

Consumers vs builders- Precautions and RERA Act 2016

Advocate Vikram singh

High court adv Chandigarh

IS CONSUMER REALLY KING OR IT IS JUST A MYTH CREATED BY MARKETING COMPANIES. LEGALLY SPEAKING

This is most flouted tagline used by some marketing companies that they treated their consumer like king, but they deliberately concealed the fact that Consumer is king only till he had made the payment for product, which he is purchasing. This facts is well known by those persons / consumers, who were unfortunate enough to purchase any flat or plot from any builder or developers and later it came, in open that the said builder or developer is not as good as he promised and in some cases not even have basic legal permissions to raise the kind of project, which he is offering to sell.

Now, the Question arise, what can be done if any person had purchased any Flat or plot from Builder or developer and his hard earned money is defrauded by such unscrupulous builder. this can be divided in two sections –

i) Precautions, which must be taken before purchasing Flat or plot

ii) Action which can be taken after, you had become victim of fraud

Precautions, which must be taken before purchasing Flat or plot

i) Firstly never go by advertisement or promises made by builder in Pump-let, they can be illusive or too technical to understand and in it was mentioned that these advertisements are only indicative and real project can be something entirely different.

ii) SO, when you went to any builder, always visit the actual construction site of project. dont just trust agent of builder or developer.

iii) Ask Questions, Alot of them. regarding past of builder or developer, what other project he had made and where if possible, go to those projects to have a first hand look. ask for copy of relevant Government sanctions given for projects, it can be verified by the concerned department and some time on internet as well and always ask for soft copy of agreement .

iv) DO Bargain, a lot of that it is possible that you may get the flat or plot at atleast 10-20% less of offered price.

V) Ask very Specifically to builder or developer regrading the loan etc taken by them for said project as it might happen he had taken loan on said project and also selling it without NOC from bank, it had happen in zirakpur and Derabassi Number of time, then you would be in trouble if that builder failed to pay his own loan to bank. bank for sure would take possession of whole project including the unit purchased by your good self. In this situation you need an NOC from concerned bank of Builder.

Action which can be taken after, you had become victim of fraud

There can be two type of Action, which could be take against the defaulter builder or developer
one is Consumer complaint and other is police complaint under Indian Penal code or relevant provisions of RERA Act 2016. result of these actions would be different as one is civil Action and the other is Criminal action in nature.

Consumer complaint – Consumer complaint is kind of civil action mainly maintainable for Recovery of amount paid to builder along with compensation for mental Harassment and cost of litigation as well. it is very effective remedy and if builder does not comply with order of consumer forum he cane be sent to jail as well by consumer Forum.

police complaint The police complaint can also be filed against Builder or developer under relevant section of Indian Penal code and now under the provisions of RERA Act 2016. it is also very effective remedy but this is not concerned with recovery of money it is only about getting punishment for builders, technically speaking but in reality it is very effective as it could lend builder or developer in jail.

it is always better to took preventive step and take precautions before purchasing any flat or plot. you can call us for more information regarding this on M – 9988170779.

Arbitration in Chandigarh High court and how it works

arbitration-legal chd

BEST AND TOP LAWYERS | ADVOCATE FOR ARBITRATION CASES CHANDIGARH

Advocate Vikram Singh is  Practicing advocate from last 12 years and mainly worked in Punjab and Haryana High court situated at Chandigarh and District courts of Chandigarh, Panchkula and Mohali. Advocates at our law firm are highly specialized  in field of Arbitration and handled numerous matters for appointment of Arbitrator in any Commercial Dispute for Big Corporate Company or resolved the disputes through the process of mediation center of Punjab and Haryana High court at Chandigarh we have vast experience in contesting  various Claim Petition before Sole and Multiple Arbitrators, execution application, any interim relief application under section 9  or application under section 34 of Arbitration and Conciliation Act 1996 at District and session courts of Chandigarh, Panchkula and Mohali. we have 100 % success rate in Appointment of Arbitrators from Hon’ble High courts for Domestic as well as International Arbitration for Corporate Houses . Advocate Vikram Singh and his team of Experienced and Seasoned lawyers and his wonderful support staff made the experience of Arbitration even more sweet and expedite the process of recovery, which is very important aspect of business from very beginning.

SCHEME OF ARBITRATION

Arbitration is Process of resolving disputes between parties to an Agreement / Contract mostly commercial in nature, without going into lengthy and time consuming process of Civil court. Arbitration is preferred mode of Settlement for Commercial Disputes amongst big corporate Houses like Reliance, TATA, Indian Oil Corporation or Any Dispute related to allotment of Tender by any Government Authority like National Highway authority or tender of any large construction etc. Now a days importance of Arbitration had increased multi-fold even with Mid-sized Corporations and companies and they are widely using it increasingly to resolve their dispute due to easiness and effectiveness  of Arbitration process.

HOW IT STARTS

The very basis of Arbitration proceedings is Valid and legal Agreement / Contract in writing entered between the parties by signing the same in presence of marginal witnesses, which contain “ARBITRATION CLAUSE” in itself or any other separate agreement between the parties, which may provide that if any dispute arose amongst the parties to agreement, they would resolve the dispute through Arbitration proceedings to be conducted under Arbitration and Conciliation Act 1996.

WHAT TO DO IF DISPUTE AROSE

There are two situations, Depending on Agreement / Contract entered between the parties –

PRE-DETERMINED OR PRE – NAMED ARBITRATOR

1) In agreement signed between the parties, they had already agreed between themselves that in event of any dispute arose between them, a Pre-determined or Pre – named, person would act as Arbitrator. In this situation,

  1. A) The party, who wanted to raise an dispute, would made a request letter to Pre – determined / Pre – named person that a dispute had arose with the other party of agreement and we request you to initiate Arbitration proceedings.
  2. B) Then, the Arbitrator, if he accept to act as Arbitrator then he would direct both parties to present before himself on date fixed to file any Claim Statement by either party.
  3. C) On the date fixed both parties would appear and present their claim Statement and process of Arbitration would began.

Circumstanced Exist and gave birth Justifiable doubts as to impartiality of the arbitrator and further more if had failed to disclose any relation or any related interest with any party . One such circumstance could be, he lack of proper qualification of the arbitrator as required by specific nature of agreement if any.

APPOINTMENT OF ARBITRATOR BY CONCERNED CHIEF JUSTICE

This situation arose, when Arbitrator is not named in contract between parties, then the party, who wished to raise the dispute by appointment of Arbitrator, had to approach the Chief Justice of Concerned High court, for appointment of Arbitrator under section 11 of Arbitration and Conciliation Act 1996. Like for example if a dispute arose between two parties and they had entered in to agreement in Haryana then they need to approach chief Justice of Punjab and Haryana High court, Chandigarh for appointment of Arbitrator and decision of Chief Justice, regarding this would be final. As the Arbitrator, Act like a private judge and both parties reposed their faith in him so it is very important that Arbitrator must be fair and accurate in proceedings of Arbitration. There are only two grounds available to parties under this act to challenge the appointment of an arbitrator by Chief Justice and these rights came in picture, only after the appointment of Arbitrator –

TYPES OF DISPUTES CAN BE RESOLVED IN ARBITRATION?

Almost any type of legal dispute can be settled in arbitration, including those arising under commercial contracts, but now a day Scope of Arbitration is increasing and Agreement relating to lease / rent, Agreement to sell, sale agreement, any other Tri-parte Agreement, Partnership agreement, Construction agreement are also coming within the ambit of Arbitration.

For example- if Arbitration clause is there in rent agreement, dispute related to tenancy can be heard and decide by an Arbitrator, as result of this, Rent matters, which took years to reach any Judicial Conclusion would be decided Expeditiously and since it is very limited grounds are available to Challenge Arbitration Award the rent matter, which would have remained pending for years would be solved very Quickly.

ROLE OF CIVIL COURT 

though the scheme of Arbitration and Conciliation Act 1996 is such that it tends to minimize the role of Civil Court but still on some count Role of Civil court (District Judge level) is very important. As provided in section 9 of The Arbitration and Conciliation Act, 1996. Interim relief may be sought by a party before or during arbitration proceeding or anytime after the making of the award. The need for approaching Civil Court for interim reliefs may arose under various Circumstances for example as following

  1. A) Preservation, interim custody or sale of any goods which are the subject matter of the arbitration agreement
  2. B) Securing the amount in dispute in the Arbitration or for any unseen contingency,
  3. C) The detention, preservation or inspection of any property or thing which is the subject-matter of the dispute in arbitration
  4. D) Authorizing any samples to be taken or any observation to be made
  5. E) For purpose of recording of evidence; interim injunction or the appointment of a receiver.
  6. F) Such other interim measure of protection as may appear to the court to be just and convenient.

This section is very important and as it does not leave a person remedy less in case of  any arbitrator is acting under exceed authority or under Biased approach towards one party to arbitration.  This interim relief has to be asked from the principal civil court of original Jurisdiction in a District (Concerned District Judge) and includes the High Court in exercise of its ordinary original civil Jurisdiction, having Jurisdiction to decide the questions forming the subject matter of the Arbitration if the same had been the subject matter of a Civil suit.

How to get Bail in Chandigarh high court

High court Chandigarh

BASICS OF BAIL- MORE RELEVANT IN CHANDIGARH HIGH COURT.

First of all it is necessary to understand, What bail actually is and what are its kind –

In legal sense bail means temporary release of accused person from judicial custody of law, with certain conditions mainly for securing his presence during trail.

The process of bail, procedure to obtain bail from court, surety bond, discharge of surety etc it is well defined in Criminal Procedure code. Primarily for information sake offences are of two types one is bailable offense means an offense bailable in nature one very comman example of this is offence under section 138 of Negotiable instruments Act and Secondly non-bailable offense means offences, which are more serious in nature like robbery, fraud, 420, attempt to murder, Murder etc.

Granting or rejecting bail by the Hon’ble court depends mainly on seriousness of offences committed along with certain other factors, which weighted in mind of court, while hearing application of bail and where could application for bail could be filed depends upon some circumstances.

For example – Any person is arrested by Chandigarh Police after lodging of an FIR  under dowry related offence i.e under section 498-, 406 of IPC. Then that person have right to file for regular bail before the concerned area judicial magistrate in Chandigarh district court and if for some reason, bail was not granted by District court then accused person need to file an application for bail before Chandigarh high court by hiring some Criminal Advocate.

It is one kind of bail and it is called Regular bail it is filed under section 437 of Criminal procedure code other kind of bail is, Bail in anticipation of arrest –

For example if any person have an apprehension that for any reason there could be FIR filled against him with Police under Non- Bailable offences then he can approached Firstly concerned District Session court under section 438 of Cr.P.C and if District Session court is not inclined to grant accused concession of  Anticipatory Bail then accused person can approached High court of concerned state and then Hon’ble Supreme Court of India.

Thirdly there are offences, which are bailable in nature like offence under section 138 of Negotiable instrument act. In these type of cases bail is matter of right of accused and it is duty of court to release him on bail on his filing application for same.

Right of any person to apply for Bail

It is fundamental right of any person, who is accused in any FIR or any person, who had anticipated that he could be arrested in some FIR by police authority, he can choose best criminal advocate in his area or where the offence is alleged to have been committed. It is rule of criminal jurisprudence that person is innocent till his guilt his proved and extension of this basic principle is another very basic rule, which say Bail is rule and not jail. However, reality is totally opposite to this some time it happen that an accused person had half of, his term of maximum punishment, which can be awarded to him by court   but he still lodged in jail, waiting for his trail to be concluded, however now section 436-A CR.P.C that person is entitled for bail and longtivity of under trail imprisonment could served as another factor for granting bail to accused, Section 436-A of Criminal Procedure code is read as under –

Section 436-A of the Criminal Procedure Code

Maximum period for which an under trial prisoner can be detained

Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties.

It is very useful section and most of accused in jail does not have any information on this section and they wasted precious time of their life in jail due to lack of knowledge.

So what prevails in mind of court, while granting or rejecting bail application of accused is different in each case and also depends on approached of court as well as after all Hon’ble judges are also Human being and part of same society.

However Hon’ble Supreme court of India and Hon’ble Chandigarh high court along with other High courts in India, keep in mind few following things, while deciding application of bail of any person-

  • First and foremost Hon’ble court see the nature and seriousness of offence committed by person, who is applying for bail, in more serious offences, court is more conscious, while granting or rejecting bail application.
  • What any court would want is conclusion of trail so court see that is it likely that accused person would be appearing before trial court for facing the trail ? or is it likely that he would run away instead of facing trial ?.
  • Thereafter of court is inclined to grant bail then court see the soundness of surety that is reason why, more people, who committed any crime in other state then in which they reside, they face difficulty in procuring surety for their bail.
  • Then another factor, which weighted in mind of court is whether accused person would try to influence material witnesses of case or not ?

All these information provided here is of informative nature only, for any legal problem or issue, feel free to contact on above mentioned number for free consultation.

 

Suspension of Sentence / Pardon or remission by Governor

Suspension of sentence Chandigarh high court

Suspension of sentence application by High court Chandigarh

Suspension of sentence and Pardon / remission of pending punishment by Governor of state or by President of India are Two different things all together, however one thing is common in these two and that is any person can avail them After conviction only. supposed A person is convicted and lodged in Model Burel Jail, Chandigarh, then he need to file an appeal for suspension of sentence before Chandigarh high court, after hiring best Criminal Lawyer in Chandigarh. however Pardon or Remission of  pending sentence can be done by Governor of Concerned State or by President of India. two example of this Remission of sentence recently used by the Governor of state under Article 161 of Constitution of India are of Sanjay Dutt, who was sentenced  for 5 years under TADA Act and Arms act and other recent example of the same is Pardon given by Governor of Punjab to Neki Nalwa and Himmat singh, who are serving life imprisonment in Chandigarh, Burail jail. how ever certain conditions were imposed by the Governor of Punjab like Bail bonds, restrictive Movements and Presence in Police station after some time etc.

For Suspension of sentence, any Convicted accused Prisoner lodged in Punjab, Haryana or UT Chandigarh,needed to file an appeal under section 389 of Criminal Procedure code before concerned High court. like in case of Punjab or Haryana it had to be filed before Chandigarh High court. Normally high court wants that there should be some post conviction period of accused in custody so that sentence could be suspended during the pendency of appeal, however fate of person would be finally decided on final out come of appeal.

Section 389 of CRPC is reproduced here for ready reference –

Suspension of sentence pending the appeal; release of appellant on bail.

389. Suspension of sentence pending the appeal; release of appellant on bail.

(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.

(2)The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.

(3)Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,- (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1) ; and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

Pardon or remission by Governor of state

These powers can be used by Governor of any state under article 161 of Constitution of India.

Article 161 is reproduced herein below –

161. Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends

Matrimonial compromise

AS today there are more divorces then earlier period, as compare to period of our parents. Divorce is both a torture and a facility. torture for them where one spouse does not wanted to end the marriage and facility where due to temperamental differences both parties want to end the marriage. then they require the best matrimonial advocate in Chandigarh. in this situation the both parties need to enter in to compromise, to decide future course of action. herein below is specimen of compromise is given for ready reference –

MOU / COMPROMISE

This memorandum of understanding is executed on this    th day of March, 2017 at Gurugram.

BETWEEN

FIRST PARTY

AND

SECOND PARTY

WHEREAS the marriage between the parties was solemnized on _______ according to Hindu rights and ceremonies at Delhi. After the marriage the both parties are living together at the residence of First Party situated at _______ (Haryana)

Whereas despite best efforts of relations friends and well wishers, the matter could not be reconciled. The parties have realized that there is no possibility of mutual living as husband and wife, as such both had decided of their own to settle the entire dispute arising out of the marriage and circumstances surrounding therewith and have agreed to separate from each other by way of divorce under mutual consent, on terms and conditions which are stated out herein below –

 

  1. It is agreed that the parties will take divorce by mutual consent.
  2. It has been agreed between both parties that first party will pay ______ to  Second party.
  3. It is agreed that the second party made as secondary party with _____  Bank for the payment of loan amount would not be liable to pay any amount to the bank and the loan amount would be cleared by the first party.
  4. It is agreed if in future the installments are not paid by First Party then the father of First party would be liable to pay further installments till the possession of the flat.
  5. It is agreed that both the parties undertake and assure each other Whatever claims, petitions, complaints or any other proceedings against each other in the courts of law, police authorities or any other department, which is pending shell be withdrawn by themselves and further assures that they and their family members shell not file any such proceedings or any complaint in future with regard to their matrimonial claims.
  6. It is further agreed that the above parties will file a joint petition for divorce by mutual consent before the competent matrimonial court. The parties have agreed to sign the petition, to swear required affidavits / papers and to attend and to give statements before the concerned courts as and when required for the purpose of getting the above divorce.
  7. It is agreed between the parties that they have understood the terms and conditions of the statement in vernacular.
  8. It is agreed that the parties have also mutually determined that id either party fails/ neglect to comply with the terms and conditions enumerated herein as already settled hereinabove this MOU / compromise shell become a nullity and the aggrieved party shell be at liberty to proceed further, against the other party in accidence with law.
  9. The above said MOU/ Compromise is arrived between the parties out of their own free will and without any force, pressure and Coercion.

IN WITNESS THEREOF the parties have signed this memorandum of understanding on the date above mentioned.

 

Witness

SD\-

1

2 )

 

First party

 

Second party

 

 

 

True typed copy