498a/406
Raj
(Querist) 18 October 2011
This query is : Resolved
Hi all,
My wife has lodged FIR against me & my family members one month ago under section 498a and 406. She is from haryana and I'm from delhi and our marriage took place in haryana. After marriage we reside at delhi and after separation (4months) she lived in Haryana. Can somebody help me that whether this FIR can be quashed in high court as all the incidents mentioned in FIR are related to my residence?
Can I appeal for FIR quashing in delhi supreme court?
Regards,
M.Sheik Mohammed Ali
(Expert) 18 October 2011
she can file a case either matrimonial home or her parants home or living, you want face the trial.
Devajyoti Barman
(Expert) 18 October 2011
Yes after coming of the recent supreme court decision cases u/s 498A is very much maintainable even if it is filed within the jurisdiction of the parental home of the wife.
ajay sethi
(Expert) 18 October 2011
agree with experts
Shastri J.K.
(Expert) 18 October 2011
I do agree with experts.
kuldeep kumar
(Expert) 18 October 2011
yes u can make application for quashing false criminal allegation via fir.when already separation is done and cause of action relates distinctly to husbands home how can trial begin by illegally usurping jurisdition.i request u to consult good lawyer and tell him sir my case is covered under crpc 178 clause c.and them again post ur reply here.
kuldeep kumar
(Expert) 18 October 2011
i do not agree with any expert.
Arun Kumar Bhagat
(Expert) 18 October 2011
Haryana Court will have the jurisdiction since wife is living there and she is suffering from mental torture at Haryana. Delhi High Court will not have jurisdiction to quash the FIR. You can not move directly yo Supreme Court. P & H High Court is the appropriate High Court where you can go for quashing.
Shonee Kapoor
(Expert) 18 October 2011
I slightly disagree with the experts. If the case is filed without any cruelty in Haryana, no case is maintainable in Haryana.
Even Delhi HC would have jurisdiction to admit quash petition.
But need to see complete documentation for it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
kuldeep kumar
(Expert) 18 October 2011
suppose husband wud have been living in kerala then what.wife is suferring fro mental torture its got to be proved in trial.but how far this is right that a man fro kerala should come in haryana and willfully made to suffer in technicalities of law.to be more particular hus is only praying praying for change of forum not its altogether termination at all.i think equities will lean in favour of husband.THIS IS MY GENERAL OIPINION REST IS LEFT TO CASE LAWS AND PRESENT SCENERIO.
Raj
(Querist) 18 October 2011
dear experts i'm really confused due to mixed reply of this query. In the nut shell can any body let me know whether I should go to high court either Punjab or haryana or delhi to quash an FIR in which girl has not mentioned any incident related to her parents place all the incidents which she has mentioned, and all are false, are related to my place i.e. delhi. Would really appreciate your help!!
prashant pundhir
(Expert) 19 October 2011
Person have the right to file the first information at any place suitable for him . Now it is the matter of the investigating agency(i.e police)weather he transfer it for investigation and action to the place or not. Wife did nothing wrong and if there is any irregularty made,then that is from the side of the police .So on this ground,the FIR can not be quashed .
kuldeep kumar
(Expert) 19 October 2011
file in pun and haryana high court
