Section 493,420,506 b - squash
Querist :
Anonymous
(Querist) 11 February 2019
This query is : Resolved
Hi Team,
One of my cousin facing Section 493, 420 and 506 B by his ex-girl friend, and he told me she filed FIR stating lot of false statements about their relationship and their one month stay together few months back.
He also mentioned the fact that he never given any commitment on their marriage proposal and total FIR she filed based on one thing that my cousin promised her of successful marriage out of this relationship.
But my cousin mentioned he never given any such commitments or made promises of such kind.
She also wrongly filed that my cousin family demanded some money as dowry for the marriage to happen which they did not and she also wrongly filed that my cousin family threatened her life by killing her if she is not willing to pay that amount as Dowry.
All the above statements she wrongly accused and god knows how this case accepted.
Note:
Is any option to get Bail ( Anticipatory?)
Is it possible to go for SQUASH at high court and how well are the chances. (My cousin is 29 of age not married yet and she(28) had her divorce once back in 2016 with some guy).
Appreciate your expert opinion on this.
Thank you.
Ambanshu Sahni
(Expert) 13 February 2019
Hi
See cases of jilted lovers lodging fake FIRs are quite common these days. It is very important to be careful. The answers to your queries are as follows:
Yes anticipatory bail is an option and should be considered in all seriousness. The courts are inclined to give it if you are able to establish a good case.
Quashing of FIR is done under Section 482 of CRPC, 1973. The factor which the High Court considers while dealing with such cases is that it considers the FIR and sees if the prima facie ingredients of the offence are constituted. If no ingredients are present then the FIR can be quashed.
Before giving any final opinion on this i would want to see the copy of the FIR.
I can be reached at 7291090489
Ambanshu Sahni
Advocate
