Can this FIR be quashed?
Ranganath
(Querist) 02 February 2009
This query is : Resolved
Ld Counsels, I am falsely implicated by my wife and father in law. My FIL gave a complaint stating that I demanded 10 lakhs for living with his daughter. After one month police took another statement from my wife that says I am not interested to live with her and I am demanding money even to give divorce. If she wanted divorce she should have approached family court instead. The fact that we attended couseling before going to police is not revealed in teh first statement. Also the FIR is filed after one month since the compliant is lodged. This is a counterblast for my petition in family court under section 9 of HMA. My wife has left my home with all her things and threatening me to give money. Can this FIR be quashed. There is no mention of date and place of dowry demand, the statement that she seeks divorce and his fathers statement that I demanded money to live with her is contradicting. Also pls tell me if police can tamper with statemetns made and further complicate the matter. I have not received summons from court. FIR registered on 10th Nov 2008.
Sajjan B G
(Expert) 02 February 2009
If you are able to convince the court that the complaint filled by your wife is false, it can be quashed.
But it is defficulte to give any opinion on the basis of facts narrated above. Better you approach an Advocate in your area with copies of complaint and statements given to police.
This worst treand of misusing law ment for protection is unfortunate.Hope you will get out of falsely lagded case.
arunprakaash.m.
(Expert) 03 February 2009
high court has inherent power to quash the FIR. you can approach high court of your jurisdiction.
Ravi Arora
(Expert) 03 February 2009
None mentioning of date, time of harrasment or cruelty in F.I.R is create dougbt (as cr.l.j 2006 at page 3822 chh.high court) but now a days high court says allegation of cruelty or demand of dowry are true or not, it will be decided after trial so they avoid Quashing F.I.R,
 yes High Court has inherent Power to Quash the F.I.R, you try your LUCK
M. PIRAVI PERUMAL
(Expert) 04 February 2009
Now-a-days the Courts are little bit lenient on husbands, as most of the dowry cases are filed by wives, with vengeance and with intention to harass the husband and his family. The Court too has understood the misuse of the provisions in numerous cases. Hence you present your version through a senior lawyer whose words get more attention from the Hon'ble Court in cases like this. Try it out. You are not going to lost anything.
smilingadvocate
(Expert) 05 February 2009
Yes you can try and present the case in the proper manner then there are chances of getting he same quashed
