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UThat thought has definitely crossed my mind, especially since he’s pushing so hard for a settlement that only benefits the other side while he keeps collecting appearance fees from us.
If I decide to pull the plug and change my counsel, how difficult is the actual legal process? I’ve heard I need to get a ‘No Objection Certificate’ (NOC) from him on the Vakalatnama. What happens if he creates a fuss, demands a huge exit fee, or outright refuses to give the NOC?
Also, when I go looking for a new advocate, what specific green flags should I be looking for? Are there specific questions I should ask upfront to ensure they won’t just trap me in the same per-hearing billing cycle or collude with the local police?
UOh, I didn’t even know that was an option! Thank you so much for letting me know this.I did some quick research (asked Gemini), and it looks like quashing an FIR means I will have to approach the High Court under Section 528 BNSS (the old 482 CrPC). Is that correct?
If I go down this route instead of fighting it out in the lower court:
1. **The Process:** What does the timeline and actual process look like practically? Will I need to attend High Court hearings regularly, or does the advocate handle most of it?
2. **The Cost:** Since I need to hire a High Court advocate here in Kolkata for this, what is a realistic, ballpark estimate for the total cost to get a retaliatory FIR quashed? I just want to mentally prepare for the budget before I start interviewing new lawyers.Thanks again for pointing me in the right direction, this is incredibly helpful.
UThank you so much for the detailed and clear answers. Your 5th point is exactly what I needed to hear, but I have a few follow-up questions on how that actually works practically.Regarding getting *their* counter-FIR quashed while keeping *ours* active:
1. **The Timeline:** We definitely filed our FIR first on the day of the incident (despite the police reluctance). Theirs was filed afterward purely in retaliation. Does the fact that we were the ‘first informants’ give us a very strong ground in the High Court to prove theirs is a malicious counter-case?
2. **Assessing ROI:** When you mention ROI, what should my end-game look like here? Since my car suffered heavy damage, should the strategy be: quash their fake FIR in the Court, and then use our genuine, active FIR in the lower court to pressure them into paying for my car damages to finally close the matter?UIf I completely refuse to settle, how difficult is it to fight a retaliatory cross-FIR in the regular magistrate court? Given the strict background checks in corporate consulting roles, does having this pending counter-FIR create issues for employment verifications or travel while the trial drags on?UOther party hasn’t even tried to reach out for settlement. However the way it’s going, I don’t think anything will happen within 4 years.
