306 & 506(1)
Dhanalakshmi
(Querist) 13 November 2011
This query is : Resolved
Dear all,
Please clarify my doubt. My husband had committed suicide 1 year back when I was 11 months and the police remanded my brother and father under 306 and 506(1) for 14 days. The case is still running in the court and our lawyer initially said that "It can be easily squashed before getting summon". But from the court surroundings i heard that the summon is going to come by 9th dec 2011.
Kindly clarify is there any possibilities to squash the case after getting the summon?
And also clarify which is the best way to squash that means before getting the summon or after getting it?
Thanks in advance.
Devajyoti Barman
(Expert) 13 November 2011
It is always better to wait till the submission of charge sheet before going for quashing as the high court may well say that the quashing petition is prematured as the investigation is still pending.
The success of failure of the quashing petition would depend upon the merit of your case and with the paltry information you are currently providing I am in no position to make any comment about its merit.
Arun Kumar Bhagat
(Expert) 13 November 2011
Let the Charge-sheet be filed thereafter you can prefer Quashing application before High Court.
Dhanalakshmi
(Querist) 13 November 2011
Thanks to all for your kind response.
For your information,The charge sheet has been already submitted.
Devajyoti Barman
(Expert) 13 November 2011
Then the CS needs to be seen to comment on the merit of the quashing.
Sailesh Kumar Shah
(Expert) 13 November 2011
yes,after reading of contents of charge sheet, comment can be given.
dev kapoor
(Expert) 14 November 2011
What do you mean by saying, " My husband had committed suicide 1 year back when I WAS 11 MONTHS "???
Dhanalakshmi
(Querist) 21 November 2011
Sorry sir its 9 months...Obviously 11 months is not possible...We got married on Sep 2009 and he committed suicide on Sep 2010.
