In which high court The Appeal should be filed?

Tilak Marg Forum for Legal Questions Forums Others In which high court The Appeal should be filed?

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    • #2548
      Anonymous
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      My wife has filed a case under Section 498 a of IPC against me and my family members in the court in Sonipat in Haryana. But I live in Delhi along with my family members and earlier my wife was also staying with me in Delhi only. For quashing this case can I file appeal in Delhi High Court instead of the Haryana high court which is in Chandigarh?

    • #2558

      Petition for quashing of the criminal case has to be filed in the high court which has jurisdiction over the area where such criminal case has been filed / is pending. Since as per your question, the case is pending in Sonipat in Haryana, the petition to quash such case can be filed in Punjab and Haryana High Court in Chandigarh and not in Delhi high court. Merely because you and your family reside in Delhi or because your wife lived with you in Delhi earlier, cannot be a ground to file this case in Delhi high court, if the criminal case is itself registered in Haryana. Of course, if you feel that the case could not have been registered in Sonipat (Haryana) due to the reason that the offence did not occur at that place, you can make that also a ground for quashing the case, but the petition for quashing will still have to be filed in Punjab and Haryana high court.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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