My lawyer withdrew a case challenging an FIR under Section 498A in Uttar Pradesh without fighting it on its merits, even though I wanted to pursue it. The case was dismissed as ‘not pressed’ while the investigation was ongoing. The investigation is still underway. Can I file a new petition under Section 482 to get the FIR quashed again, even though the reliefs sought would be similar?

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Apni Law
Law Forum › Category: Criminal › My lawyer withdrew a case challenging an FIR under Section 498A in Uttar Pradesh without fighting it on its merits, even though I wanted to pursue it. The case was dismissed as ‘not pressed’ while the investigation was ongoing. The investigation is still underway. Can I file a new petition under Section 482 to get the FIR quashed again, even though the reliefs sought would be similar?
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Apni Law Staff asked 12 months ago

My lawyer withdrew a case challenging an FIR under Section 498A in Uttar Pradesh without fighting it on its merits, even though I wanted to pursue it. The case was dismissed as ‘not pressed’ while the investigation was ongoing. The investigation is still underway. Can I file a new petition under Section 482 to get the FIR quashed again, even though the reliefs sought would be similar?

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Best Answer

Apni Law Staff answered 12 months ago

Under Section 482 CrPC, you can file a petition to quash the FIR again if the previous dismissal was based on technicalities and the investigation is still ongoing. However, the court may consider the earlier dismissal and your lawyer’s withdrawal when deciding on your petition.

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