Qashing of fir registered u/s 498a/323/34

Dileep.K.Jha (Querist) 19 April 2013 This query is : Resolved
Dear Sir
My anticipatory bail rejected from high court on the ground refusal from our side to keep informant as a wife with all dignity and love after separation is of more than 8 years and from same day of marriage. she also never visited my house till date.

under the said situation Quashing of FIR u/s 482 can be accepted by high court on jurisdiction issue fir LODGED WITH MALAFIDE intention and concocted story from another state where she is residing with her parents working there as a govt. school teacher.
I have train ticket,hotel bills etc of another places of another state where stayed as tour program against alleged date of incident that is certifying FIR is False

but at the time of Bail petition hearing same is not considered by the highcourt.

please suggest me what we can do now?

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Raj Kumar Makkad (Expert) 19 April 2013
The parameters at the time of considering bail application and 482 are altogether different. There shall not be any effect of bail issue over 482 if the convincing reasons are found therein.

If anticipatory bail has not been provided then better to surrender and get regular bail and contest the case.

Dileep.K.Jha (Querist) 19 April 2013
lower court also misled by the IO to get proceeding u/s sec 82 and 83 same executed during bail petition was pending in highcourt.

Raj Kumar Makkad (Expert) 19 April 2013
It seems that you wasted a long time in wrong advice. It is is high time to surrender before the lower court and then seek regular bail on the basis of your pendancy of bail application before high court.

Dileep.K.Jha (Querist) 20 April 2013
Thanks Makkad Sir

Wrong advisor already replaced from my case. Now any harm for me go for quash against 82'83and entire proceeding of lower court on jurisdiction issue before surrender

Raj Kumar Makkad (Expert) 20 April 2013
There is no harm to try for quashing but the general trend of high courts in such cases is to direct the petitioners/accused persons to go before trial court and face trial and avail the opportunity at the time of framing of charge.

ajay sethi (Expert) 20 April 2013
agree with makkad . fight case on merits . dont go in for quashing

Dileep.K.Jha (Querist) 20 April 2013
my case is totally different from other

Dileep.K.Jha (Querist) 20 April 2013
Thanks again for valuable suggestions,

In this case 5 more co-accused are also other than me but all are already released on bail from lower court
(father,mother,sister,cousin brother and his wife)all are living different places.

it is so difficult for us to face Trial at city which is situated far away(1400kms)from my city and 600kms from my and her(informant)native place where marriage is solemnized

therefore i want to remove some accused or get any direction from highcourt through quashing u/s 482 before surrender or facing trial (main thing three accused wholly dependent upon me out of which two are of old age above sixty five and sick and one is widow )

My cousin brother and wife not beneficiary of dowry because his father has been separated from my father 40 years ago and our relation with them also not good from last ten years(he has also proof such that he was on duty in Delhi as against alleged incident in FIR)

If i will be inside the jail financially more problems will come for us.

ajay sethi (Expert) 20 April 2013
ewhy should you be in jail . AB is generally granted . you have to return her streedhan

Dileep.K.Jha (Querist) 20 April 2013
Thanks Sethi Sir

But,There is not a matter of istridhan because during marriage ceremony bride has been exchanged with another girl as agreed/seen before marriage therefore vidai of bride not done, till the date she never visited my house from marriage day(2005)and marriage became disputed.

As discussed earlier AB already rejected from HIGH COURT on the ground refused to keep her as a wife

Main thing is her one villagers from same family is sitting on higher post currently in same highcourt

Therefore merit of case not being considered in my case.

at the time of hearing simply asked by judge to my lawyer that are you ready to keep her or not then my advocate said no
and reject my AB

Therefore she has lodged FIR after 6 years of disputed marriage from other State on false story for creation of wrong jurisdiction in that territory only for teach a lesson to me and my family

Being an outsider we are facing lot of trouble and fear of life they are more powerful there can do anything with me.

I think both of you are very good lawyers
Under above said situations now suggest what is better options surrender or quash or elsewhere accordingly next step will be followed

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 April 2013
It seems proper preparation has not been made while presenting the case before HC.

Now there is very recent citation of SUPREME COURT in this matter wherein mediation is directed in such cases before any other action.

Though it seems you are hostile to each other still you have TO use diplomacy to come out of the problem and get further time to exhaust the opponent.

Go through the Judgment in CIVIL APPEAL NO. 1794 OF 2013 decided on FEBRUARY 22, 2013 by SUPREME COURT.

Since HC action is over so go to SC with twin prayer first of removing the names of unconnected PERSONS in the FIR ( pl note quash will not work at this stage) and show willingness for mediation.

YOU MAY GET RELIEF.

ajay sethi (Expert) 20 April 2013
file an appeal before SC .you have wrong apprehension that because villager is sitting in HC in some senior position he influenced verdict . in appeal before SC agree for mediation .

R.K Nanda (Expert) 20 April 2013
agree with experts.

Dileep.K.Jha (Querist) 21 April 2013
As per sec 468(2) maximum imprisonment u/s 498a is for term of three years so dispute related to prior to 3 years FIR u/s 498a barred by limitation.,
So my dispute/separation is related to year 2005/prior to that but FIR lodged in 2011 after gap of almost six years from wrong jurisdiction
So this plea will not help in quashing? If high court not going to quash then come to apex court because quashing already filed one week back or withdraw the quashing ?

ajay sethi (Expert) 21 April 2013
howw do you say court does not have jurisdiction . your wife is residing in said state with her parents . in her complaint there msut be some allegations that demands for dowry were made by you at place wherein she is residing .

as far as your contention that complaint would be barred by limitation please note that under section 473 CR Pc court can consider such complaint if delay is properly explained and in interest of justice

ajay sethi (Expert) 21 April 2013
In Vanka
Radhamanohari (Smt.) vs. Vanka Venkata Reddy & Ors.
[(1993) 3 SCC 4], the wife who was subjected to cruelty left
the matrimonial home in 1985. In 1990 she filed the
complaint alleging cruelty and maltreatment against the
husband and mother-in-law and further stating that the
husband had remarried. The Magistrate took cognizance of
offences under Sections 498-A and 494 IPC. On the petition
of the husband under Section 482 Cr.P.C., the High Court
quashed the complaint. This Court, on appeal from the
judgment of the High Court, held that the High Court erred
in quashing the complaint as Section 468 Cr.P.C. could not
be applied to offence under Section 494 IPC (for it is
punishable with imprisonment for a term which may extend to
7 years) and even in respect of offence under Section 498-A,
the attention of the High Court was not drawn to Section 473
Cr.P.C. While setting aside the impugned order of the High
Court this Court observed : "As such, courts while
considering the question of limitation for an offence under
Section 498-A i.e. subjecting a woman to cruelty by her
husband or the relative of her husband, should judge that
question, in the light of Section 473 of the Code, which
requires the Court, not only to examine as to whether the
delay has been properly explained, but as to whether "it is
necessary to do so in the interests of justice"."

prabhakar singh (Expert) 21 April 2013
From facts stated by you it appears there has been played fraud as to identity of bride.Before marriage the lady shown for marriage was someone else,seeing whom groom side agreed but on marriage date some other
lady was put as bride in 'purdah' and after completion of rituals and solemnization it revealed to the groom side that the girl with whom marriage was agreed was not the bride hence 'vidaai' did not happen.

Then it is fraud played by bride side upon
groom side for which petition of annulment lies which ought to have been filed soon after the disclosure of fraud.

Dileep.K.Jha (Querist) 21 April 2013
Past is past now we can what?

Raj Kumar Makkad (Expert) 22 April 2013
The subsequent query raised by you has rightly been replied by Sethi to which I do endorse.

Dileep.K.Jha (Querist) 22 April 2013
One alleged incident is enough for creation of jurisdiction and rope entire family in 498a whereas all co accused are living different places across the country? Preeti Gupta v state of jharkhad and bhajan lal v. State of haryana not helpful particularly for co accused in quashing to prevent the abuse of process of law.

Dileep.K.Jha (Querist) 22 April 2013
My case is also in jharkhand high court (above judgement by apex court)

Dileep.K.Jha (Querist) 22 April 2013
Demerits in fIR no timing of alleged incident, no medical report,no specific allegation, no explanations about delayed of fir by seven days of alleged incident like beaten by all accused at her city on particular date, no independent eyewitnesses as ordered by DSP to IO etc as per charge sheet already submitted. I have proofs of our tour program for these days of nashik and nearby places.

ajay sethi (Expert) 22 April 2013
fight case on merits . if a perusal of FIR does not denote commission of any offence then only go for quashing .

Dileep.K.Jha (Querist) 22 April 2013
Thanks a lot to all experts for given more valuable suggestions

Dileep.K.Jha (Querist) 29 April 2013
Dear Sir/Madam, I want to File Civil Petition In SC with twin prayers first remove the names of unconcern persons from FIR and 2nd ready to mediation as advice by many of you.

For filing of this application which types of documents required?

pls give the details of such documents and advice me a good lawyer in Delhi who is expert for the same at reasonable fee.

Qashing of fir registered u/s 498a/323/34

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