Fighter (la) 26 January 2010

365 along with 498-Can it be quashed

Dear All,I have false 498A along with false 365(Kidnapping of my own son).Police filed F.R.in my favour but my Wife protested it in court.

I have evidences to prove that my wife has filed false cases against me.

My Q-1.)Can I go for Quashing of case as no case case can be framed under 365 for kidnapping my own son.Since same FIR has 498 & 365,will 365 help in gwtting 498A getting quashed as well?

Q-2)If my wive;s protest is accepted,can I appeal in higher court against the order.If yes will it help me in lingering the case so as to frustrate them.

Q-3) Can I file Perjury against my wife and he rparents for giving false statements in court under sec 340

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4 Replies

Srinivas (Chief Manager (Law)) 26 January 2010

The facts are very clear to my opinion in the matter. Please be very specific in the facts so as to guide you in the case

Srinivas (Chief Manager (Law)) 26 January 2010

There was typographical error while sending my earlier reply. What i intended to say is that the facts are not very clear so as to give my opinion in the matter

Fighter (la) 26 January 2010

Hi,

I mean to say

1.My wife has filed false 498A against myself and my parents in Rajasthan where as we live in Meerut u/s 156(3)

2.Along with 498/406 she also filed 365 (kidnapping) of my son in Rajasthan

3.This was filed last year in October and Police filed Final Report in the case in front of the court.

Now my wife has protested the final report filed by Police and court has to take her statements in First week of February.

My questions are-

If Court takes cognizance can I go for Quashing of the FIR as 365 is not valid on Father as per Supreme court guidelines.

can i file an application for perjury against my wife nd her family for stating false facts before the court

Hardik Mehta (Family Counsellor) 19 February 2010

Fighter,

You can go for the quashing of the case. 365 will be quashed immediately since it is the settled law that the own child cannot be kidnipped. Please send me the details of 498a on hardikm007@gmail.com and I'll tell you about the quashing of the case.

You cannot file the perjury application in the court unless there is the trial.happens. You can file the case of malicious prosecution once the case is quashed.