Quashing of fir under sec 498a, 504, 34
amit
(Querist) 20 April 2014
This query is : Resolved
I stayed in Mumbai for 7 years out of 8 years of our married life. One day without my knowledge my wife left home after calling her brother and took away our 3 years old daughter and all costly items (jewelry, my silver coin collection, my business cash & all her documents including her cheque books) with her. She went to her fathers place in W.B. after filing a complain(NC) at the local police station at Mumbai stating that I physically abuse her for small reasons and use foul language for her parents. I went to the police station to search her when she did not come back home & I found her mobile switched off. I found out about the complain and submitted a letter with acknowledgement in the reply stating the facts. The information that her brother has come was given to me by the police itself. I have never ever abused her physically & she has never even had the smallest of injury in 8 years of our marriage.
She filed an FIR under sec 498 A,504,34 against me and my parents and married sister after 17 days. She has stated this fact in her FIR that we used to stay alone for last 7 years. All of us got AB from Kolkata high court.Now I want to file a quashing petition by only co accused.
She has given all cause of action in Mumbai and there is no mention of her fathers place where the FIR has been registered. No proof has been submitted with the FIR She has used the name of co accused only in one line saying my father, mother & sister provoked me to do all such acts of physical and mental torture.
She wants divorce ASAP and also alimony by selling my parents flat which they recently purchased. But I have decided to fight it out and also want her back by giving her time and space to cool off and want her to go through professional councelling sessions with me (which she is avoiding) before taking such harsh step of divorce. I also want to defeat the mindset of blackmail by misusing women protection laws for getting out of the marriage quickly.
My question to the experts is whether the co accused should go ahead with filing the quashing application on the basis of lack of jurisdiction & vague alligations on co accused or should they wait for the charge sheet and then proceed for the quashing.
She filed two more false cases on me subsequently when she came to know about my bail. Please advise.
amit
(Querist) 20 April 2014
I have changed two lawyers as my in laws are influencing local lawyers. My first lawyer called me to submit the bail bond and then denied having local surity and asked me to come again after 3 months. My another lawyer helped me to furnish the bail bond but later started to call me & requested me to come to take bail in another case. When I requested a copy of FIR of new cases, he denied to provide me the same stating that I will unnecessarily waste my money by moving high court. Who moves for AB in a bailable case. But he is avoiding these kind of discussions Now I am in the process of engaging a third lawyer but I am afraid that he may also be influenced later. I am trying to get the copy of new cases and other updates through a friend. But it is not easy to fight a case in bengal and stay in Mumbai. IO from police station is also calling me to come and meet him without giving any reasons for the same. I have avoided him till now by saying that I am busy in Mumbai because of work load I won't be able to come. Once the IO also told me to come and he assured me of a compromise with my wife but I do not trust my in laws because they are very agressive now and are angry about my bail.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 April 2014
Most of such marriage related cases ultimately fail but the accused has to face the harassment of court appearance.
Quash does not work in most of the cases.
You must raise technical issues in lower court and file revision in sessions court and than go to HC.
Otherwise face the trial and it will be ultimately dismissed.
ajay sethi
(Expert) 20 April 2014
you can contact MR Barman from LCI . he is from kolkata and can guide you in this matter . wait for filing of charge sheet and then take your call
Rajendra K Goyal
(Expert) 20 April 2014
Engage expert Devajyoti barman ji, he is seasoned layer practicing in Kolkata.
Marriage related cases generally are harassment to husband, however quashing is doubtful. Proceed with the cases on merits.
amit
(Querist) 20 April 2014
My case is in Asansol. I will contact Barman ji after taking out the copies of all FIRs and other proceedings as per suggestion of all experts.
Devajyoti Barman
(Expert) 20 April 2014
Compromise under barrel of gun makes no sense.
Your case has good merit for quashing.
Surender Kumar Sharma
(Expert) 21 April 2014
Good case for quashing and because the reason as you have stated is sufficient but what the FIR story that is also important rest Mr.Barman will look after it go for contact him or any other lawyer you think fit , but in touch with your local lawyer also for update suggestions
