Keralite01 (Housewife) 25 June 2009

Quashing charge sheet in 498a case

Hello forum users. Please advise if you can:

My brother, mother, father and myself were implicated in a FIR and subsequent 498a case, given by my former sister-in-law.

After police investigation, a case was filed in just my brother's name, and the charges against my mother, father and I were refered. As my greedy sister-in-law and her family want to use this as leverage to extort money in a family court case happening at the same time, she has now given a private case against the four of us again, stating the same things, but now varying some of the accusations against us, and claiming that three people were taken off of the original case because we had bribed the police when investigating.

What are the chances of quashing these proceedings at the high court? This whole matter is becoming a joke. My former sister-in-law left her children and walked out in 2002, and filed the cases in June, 2002. We are now 7 years down the line.........

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4 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 25 June 2009

Dear frieind,

ur query is not clear.

Keralite01 (Housewife) 25 June 2009

Hi, Rakhi. There is a criminal case going on at the moment in relation to a 498a complaint made by my former sister-in-law. Originally, my father, mother, brother (ie ex-husband of complainant) and myself were inmplicated in the FIR, but after police investigation the cases against everyone but my brother was dropped. The original complaint was given in June 2002. My sister in law left the marital home of her own free will in January 2002, and did not take her children.

In 2006, my sister in law gave a private complaint to the court saying that she wishes the other 3 respondents to be included as she suspects that the police were bribed by so that the police would write a favourable charge sheet. The Municipal court allowed this, and so all 4 of us are again implicated.

I wanted to know what the possibilities and procedure is of quashing this case, as the statements are bald, and the original FIR and her complaints vary substantially. It is purely for harassment of us, so that she can get a large payout at the family court as we are NRIs.

Please advise. Many thanks

PARTHA P BORBORA (advocate) 25 June 2009

a criminal court has every power to issue summons any ther persons which were not named in the chargesheet it it appears from the record or otherwise that it is necessary ti issue Summons to any other accused, for the ends of justice. but there must be some strong reasons which the court must record in black and white in his order. if the case record does not support the reasons or the court has not recorded any reason in support of his order u can file a revision petion before the Sessions Judge or before a High Court.

B.N.Rajamohamed (advocate / commissioner of oaths) 28 June 2009

Quashing under section 482 Cr.P.C. WIll be possible only under the circumstances when the complaint on the face value does not make out a clear case and the allegations are vague without proper legal existence of the ingredients of the offence.

But now you can apply before the magistrate court to club the case for trial as there exists both a private and police case which if treid seperately tantamounts to double jeopardy.