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Sumit Kumar (IT)     02 November 2023

Need advice to free my father in law

My father in law and brother in law are suffering from false 498a complaint by younger DIL of my FIL. Now as the elder DIL i want to file appeal in High Court of Kolkata that my husband is already discharged during chargesheet stage and divorce granted exparte to my BIL.

At least High Court should now release my FIL who lost wife and struggling to keep up with court dates due to ill health being octogenarian. He had no part to play in marriage or after marriage of his younger Son but has to face all rigors of criminal trial by the criminal younger DIL.

I want the case against my FIL to be quashed and he needs to be discharged honorably in high court. Out of 4 accused, A2 my MIL passed away and my husband A4 got discharged (no evidence found for A4 during police investigation, chargesheet filed in November 2019 i.e. 4 years ago) . Now A1 and A3 case in evidence stage for past 4 years in lower court and girls family deliberately delaying for extorting money whereas A1 already granted divorce exparte. Can i file for my FIL a quash and discharge petition in High Court as he is too old to do all the struggles.



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     02 November 2023

Your father in law only can file the quash petition and not you.

You are not affected to file the petition.

You can help your father in law to file the quash case through an advocate

Vanatta Thomas   13 December 2023

I’m sorry to hear about the situation your family is going through. It sounds like a difficult time for everyone involved. Based on what you’ve described, it may be possible to file a quash and discharge petition in the High Court of Kolkata on behalf of your father-in-law. 

I found a recent case 1 where the Calcutta High Court quashed a complaint under Section 498A of the IPC on lack of specific allegations. The Court emphasized the need to discourage false implications in matrimonial disputes. This case may be relevant to your situation, but I would still recommend consulting with a lawyer to get a more accurate assessment of your options.

https://www.scconline.com/blog/post/2023/09/08/calcutta-hc-quashes-complaint-under-section-498a-of-the-ipc-on-lack-of-uno online-the-ipc-on-lack-of-specific-allegations-scc-blog-legal-research/

Sudhir Kumar, Advocate (Advocate)     13 December 2023

quashing of FIR by High Court (or going trhough trial ) seems the only way out.


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