Quashing of 323,504,506,498a , 3/4 dp
Satyamev
(Querist) 19 November 2014
This query is : Resolved
The FIR that was filed over me in the month on 2nd August 2014 by my wife is pending for charge sheet.
But before that itself my wife has filed Section 406(Streedhan) , DV , 125 in her home town of Uttrakhand for pressure building , post which she asked for 40 Lakh rupees for compromise that I refused as in reality I have not done anything wrong with her and she has cheated me and my family for trapping us. Lived with us only for 15 days of marriage.
Well the IO in my FIR have been changed 3-4 times due to political influence as her uncle is a Vidhayak for filing a chargesheet against us but the IO were hesitant due to the strength of my evidences , finally upon my strong retaliation and follow-ups with senior police officers the matter has been handed over for investigation directly to an IPS officer of ASP Rank , who may or may not give me closure report. Though there is some possibility that I can get clean chit.
Though he has already seen my evidences and is convinced that its a fake case.With his statement I feel he may or may not give closure report or may file a mild charge-sheet.
My query is , as this FIR is more than 3 months old and the charge sheet has not been filed till now and the investigating officers have been changed 3-4 times.
Can this be a strong ground for Quashing of FIR in High Court ,also I have strong evidences to prove the allegations in the FIR as null and void.
How long can it take if I opt for this remedy.
Please note :
I have arresting stay till filing of charge-sheet.
I have filed RCR in my Home town.
Please mention your email address if you need copy of the FIR, I do have mixed legal opinions from my current lawyer and not sure what should be done.
Satyamev
(Querist) 19 November 2014
Please note that I have decided to fight till end and out of court settlement or compromise is not something I am ready to do as I wont take punishment for something I did not do.
I know courts are pro-woman but still I want to fight as there are instances where men have defeated woman, so lawyers who would suggest me out of court settlement need not reply.
ajay sethi
(Expert) 19 November 2014
it is better you contest case before trial court on merits . HC is generally reluctant to quash 498A proceedings unless allegations made in FIR does not indicate commission of any offence . in any case wait for filing of charge sheet
Satyamev
(Querist) 19 November 2014
ok , is it possible to take bail before filing of chargesheet , or I should take bail only after filing of charge sheet.
also can I take arresting stay on charge sheet from high court or interim bail from HC.
Also what needs to be done if I want a speedy trial on the Charge-sheet of 498A matter.
Please clarify
ajay sethi
(Expert) 19 November 2014
you should apply for Anticipatory bail after 498A case has been filed before sessions court or HC .
you can move HC for speedy trial of your case
Devajyoti Barman
(Expert) 19 November 2014
You can apply for bail before or after charge sheet depending upon the urgency of the matter.
Rajendra K Goyal
(Expert) 19 November 2014
You should apply for the anticipatory bail.
