How to quash false 498a ?
john
(Querist) 29 June 2009
This query is : Resolved
Dear Experts,
My wife filed a false dowry harassment complaint on 31.01.09 against my parents,sister and me.We gotAB from High Court.Till now FIR not registered and I think in a few days they will do so. We are from Kanyakumari Dist.and marriage also held at same dist. on 02.08.04. After marriage we stayed at my house for one week,I returned to Chennai,my wife a Govt.employee returned to her works at another dist. After 8 months she got transfer and joined me in Chennai. She was with me from mar'05 toJune'07. She left me on 12.06.07 with my daughter and all her jewels and belongings when I was out of station on office duty. She also got her job transferred to KK Dist. Last December I met her and asked to comeback,but she refused. Now she falsely implicated my parents who never visited our house in Chennai and my sister now married, then stayed at Hostel in Chennai. Please give suggestions, Can I go for FIR quash (or)Charge Sheet quash in H.C. in case FIR is filed? Is there any evidence required for quashing FIR? Then please tell me what are the requirements? (Please note that the complaint was filed at Kanyakumari Dist. But after marriage my wife and I were living at Chennai till she deserted me.) Thanking you.
Legal Fighter
(Expert) 29 June 2009
evidences are not considered while quashing FIR/chargesheet. the case seen at its prima facie. You can try getting it quahsed/transferred on the basis of territorial jurisdiction if there is no allegation in the FIR/chargesheet where FIR is filed.
PALNITKAR V.V.
(Expert) 29 June 2009
Quashing before completion of investigation is not advisable unless the FIR itself is not sufficient to attract Sec. 498A.
a.manoharan
(Expert) 30 June 2009
Already , you got AB for unnumbered FIR. So, wait till filing another FIR. Because, as Mr.Palnitkar, Quashing before completion of investigation is not advisable unless the FIR itself is not sufficient to attract Sec. 498A.Because, even the court is not empowered to interfere in Police Investigation whereas it has only supervisory power on police at the stage of investigation.
a.manoharan
(Expert) 30 June 2009
Already , you got AB for unnumbered FIR. So, wait till filing another FIR. Because, as Mr.Palnitkar, Quashing before completion of investigation is not advisable unless the FIR itself is not sufficient to attract Sec. 498A.Because, even the court is not empowered to interfere in Police Investigation whereas it has only supervisory power on police at the stage of investigation.
For further details , please conduct cell. No.94431 45884
a.manoharan
(Expert) 30 June 2009
Already , you got AB for unnumbered FIR. So, wait till filing another FIR. Because, as Mr.Palnitkar, Quashing before completion of investigation is not advisable unless the FIR itself is not sufficient to attract Sec. 498A.Because, even the court is not empowered to interfere in Police Investigation whereas it has only supervisory power on police at the stage of investigation.
For further details , please conduct cell. No.94431 45884
rupareliya
(Expert) 26 July 2009
u should go for s.482 for qua.the fir if u fail to do so u have to gate bail
