My brother has been falsely accused under sections 354, 506, 34, 320, and 321 of the IPC. Can I file a quashing petition in the High Court on his behalf without his consent?

Apni Law
Apni Law
Law Forum › Category: Criminal › My brother has been falsely accused under sections 354, 506, 34, 320, and 321 of the IPC. Can I file a quashing petition in the High Court on his behalf without his consent?
Vote Up
213
Vote Down
Apni Law Staff asked 9 months ago

My brother has been falsely accused under sections 354, 506, 34, 320, and 321 of the IPC. Can I file a quashing petition in the High Court on his behalf without his consent?

1 Answers
Vote Up
14
Vote Down

Best Answer

Apni Law Staff answered 9 months ago

Under Indian law, you cannot file a quashing petition on your brother’s behalf without his consent. The right to initiate legal proceedings rests with the accused, and filing a petition without their consent would be considered unauthorized and potentially ineffective.

You Might Also Like

My wife filed a false dowry harassment case against me and my sister in August 2016, claiming we forced her to give a divorce. She accused me of taking gold jewelry and demanding money from her family, as well as taking her photos and threatening to post them online. I’ve been granted bail and my case is ongoing. I’m now offered a job opportunity in Scotland. Can I travel there? What precautions should I take to ensure I can return to India without any issues related to the case?

What should I do if someone is threatening me? I’m really scared, can you give me some advice?

I’ve been feeling unsafe in our building because the security guard is rude and makes me uncomfortable. The chairman promised to change him a couple of weeks ago, but it’s been over two weeks and nothing has happened. The security company is ready to replace him, but some residents are blocking the change. What can I do to get this guard replaced?

Is it possible to file a police complaint against someone whose phone number, email address, and bank account details are known, even if we don’t know them personally?

How long does the state have to appeal against a not guilty verdict by the Judicial First Class Magistrate (JFMC) court in India? Does the appeal have to be filed only in the High Court? Does the time period change if the accused is a police officer?

Share This Article
Previous Article I’m planning to buy a flat in Mumbai. The previous owner, a gentleman, passed away earlier this year, and his wife now owns the property. The building society has also updated the share certificate in her name. She has three children: a 21-year-old daughter, a 24-year-old son, and a 17-year-old son. My lawyer says all legal heirs must be included in the sale agreement, but the youngest son can’t be part of it because he’s a minor. This means I can’t sign an agreement without him, and it’s putting the deal in jeopardy. They suggested waiting until he turns 18 or getting court permission (which could take four months). Is there any other legal solution I can explore to get this property?
Next Article Two men, claiming to be from “Smart Solution.co” in Delhi, promised us jobs in Canada and Switzerland’s hotel industry. They took around INR 65,000 from me and INR 55,000 from my friend between December 2015 and May 2015, then disappeared. Despite filing a complaint with the Cyber Crime police, we’ve received no response.

Follow US

Find US on Social Medias
Popular News
- Advertisement -
- Advertisement -
Ad imageAd image

📢 Stay Connected!

Join our community on Telegram and WhatsApp for instant updates, news, and exclusive offers.