498A/304B Quash
Nick
(Querist) 05 February 2011
This query is : Resolved
In reply to Mr Amit Minocha's reply on "Better go for quashing if you have strongest grounds."
Please have look on strong and weak grounds on this case ...
Strong:
1) I have all strongest grounds as I have not done anythings wrong except we made a fight on the morning on my smoking habit and both of us kept in separate room.The accident happened on noon.
2)Postmortem report said suicide by hang.No others hit mark found.
3) My parents were not staying with me.They are staying on my native place.
4) Even 1 day before my in laws made FIR my neighbor handed me over to police as my in laws home is one night stand from my staying home.Exactly next day of accident they made FIR and we got arrested.
5) Even in FIR/charge sheet it is written my parents were not staying with me.
6) My in laws tried to highlight (as per FIR and charge sheet) that I asked for 100000 to purchase a new flat.But real fact is that I already booked one flat few day back form the accident day and made some payment through cheque.As per my bank statement I have sufficient balance on the accident day.
7)In FIR they have written that they have given my a lot things on dowry.Real fact is that I am strongly against the dowry still now and I have not taken not a single things from them.After the marriage I have purchased lot of the house appliances from my own and have all receipts.
Weak:
1) While she made suicide I was present in the house but in separate room.
2) No suicide not found.
3) No diseases with my spouse others than the short temper.We where absolutely happy family if we ignore just few hours.
on the above main points can I go for quashing to HC and what is the right time for quashing? Please advice.
Devajyoti Barman
(Expert) 06 February 2011
It is wrong to say that the quashing can be allowed if the grounds are grounds are strong. Unlike trial strength or weakness of a case does not determine quashing a case nor the falsity of allegations.
It is the prmia facie case apparent on the face of record which determine the fate of a quashing case.
