Quashing in high court
raju
(Querist) 08 April 2013
This query is : Resolved
my daughter in law has filed false complaint aganist me, my wife and my son that we have beaten her at the Metro Station u/s 323/342/354/34. As this is false complaint and we have strong ground that this FIR is false and fabricated. So i want to go for quashing in high court. my question is it will be quashed u/s 482 or u/s 226 in the high court. Charge sheet has not been filed by the police so far. We are on police bail.
Please help me
Raj Kumar Makkad
(Expert) 08 April 2013
You shall have to resort 482 instead of 226 in the given matter.
Devajyoti Barman
(Expert) 08 April 2013
Quashing in criminal proceeding is resorted to u/s 4983 crpc only.
Without seeing the FIR no comment can be made on the merit of the case.
raju
(Querist) 09 April 2013
As per the version of FIR, complainant stated that I do job in Doordarshan and my husband always abusing and beating me. Today, in the morning, my husband make allegation regarding jewellery and he abuses and locked me in the room and my mobile phone has been broken. When I said him that let me go to on duty, then my husband allowed me to go. When I reach mayur Vihar Metro Station, then my husband , mother-in-law, Usha Devi and Father-in-law Ramakant Jindal started beating me and he has been demanding money from last three years, which I have been fulfilling the demands time to time. During the quarrel I got injuries I want being examined medically.
raju
(Querist) 09 April 2013
Kindly guide us that we should file quashing u/s 482 or U/s 226 in the above concerned FIR.
Anirudh
(Expert) 09 April 2013
One has to file the petition u/s. 482 Cr.PC before the H.C. for quashing of FIR.
However, in the fact situation, the said FIR cannot be quashed, especially in the environment prevailing in Delhi and also the increasing attrocities/violence against womenfolk.
ajay sethi
(Expert) 09 April 2013
quashing is done by high court only in rare cases . if the allegations made in complaint are vague and no case is made out of commission of any offence . fight case on merits
Raj Kumar Makkad
(Expert) 09 April 2013
It is not good to put the facts in piecemeal stype instead of putting in one go.
