498a - quash Brother's name
kiran
(Querist) 28 May 2011
This query is : Resolved
Hi All,
In a 498a case against me, my brother has been wrongly charged. The case was filed on Dec 2007. My Dad,Mom,brother and myself are the accused. However, only myself and Dad are attending the hearings.
1. Can I take out my brother's name from the case, as there is no mention of him in the FIR.
Not sure if it is called quash.
Please advise me how to take my brother's name out of my case.
Thanks and Regards,
Kiran.
PALNITKAR V.V.
(Expert) 28 May 2011
Merely because your brother's name is not in the FIR, you can not take his name out of the case. one has to see other evidence also. If other evidence is either silent about your brother's involvement or if the evidence is vague about the role played by him or if the allegations against him are not enough to make out a prima facie case, then you can certainly apply either for discharge or go for quashing as may be permissible depending upon other facts of the case and the stage of the proceeding.
M/s. Y-not legal services
(Expert) 28 May 2011
Yes. Am agree with mr.palnitkar. Even your brother can approach the high court for discharge him from the alleged case, if he have merits.
M/s. Y-not legal services
(Expert) 28 May 2011
Dear kiran, see your query's first line, your brother has been wrongly charged, then what about you? Charge against you is correct one? Here you are admitting the offence? JUST FOR FUN.
kiran
(Querist) 28 May 2011
Does it also depends on the status of the case...?
Currently, we are just getting dates as usual for our hearings.. without any progress.
PALNITKAR V.V.
(Expert) 28 May 2011
Status is important. if charge is framed, you can not apply for discharge. In that case you have to go for quashing. But if charge is not framed, you can file application for discharge.
Kiran Kumar
(Expert) 28 May 2011
one more thing to add, sometimes HCs may not entertain quashing after the framing of charges, in that eventuality it will be better to go for Revision against Charge.
but this does not mean that quashing is not maintainable, every case has its own facts so all is a matter evaluation by the counsel conducting the case.
Guest
(Expert) 02 June 2011
I agree with Mr. Palnitkar and Mr. Kiran Kumar.
