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Mahadev   24 July 2015

498a,34ipc and sec.4 dp quashing

False case of  IPC 498A , IPC 34 and Sec.4 Dowry Prohibition Act filed by wife against me and my whole family in a wrong jurisdiction even though statements in FIR allege these happened in a diff. city . I wanted to know whether if i appeal in HC and successfully quashed by High court 

a) Will she be able to file the same sections anywhere else in same state or anywhere else in India.

b) Can she file a new FIR in same state or anywhere in India for Section 406

c)  As i anticipate further false charges of Sec.406 , can i appeal in  sessions court or Highcourt in the city in which i live now and take AB order for me and family so that if she files sec.406 in future and Police comes to my home , i can show them the order and prevent them from doing any kind of seizure. If AB is not the solution for this risk , can you advise what other action i can take so that Police cannot do any seizure of any property in my home.

 



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 July 2015

Sir,

 

Quahing is a good option, but on what grounds you are thinking to get it quashed, because if take quashing merely on the ground of wrong jurisdiction then that will not going to help in long run, I mean better take it on merits so that she cannot file the FIR again on the same false and frivolous grounds anywhere in India and make sure you use the ingrediants of the FIR to get the same quashed I mean to say that she has stated false facts is evidentry because of the fact that she has mentioned different city and all (which proves that its hypothetical and afterthought)

 

Warm Regards

Kapil Chandna Advocate

9899011450

Mahadev   24 July 2015

Thanks Kapil Sirfor your reply .

Sudhir Kumar, Advocate (Advocate)     26 July 2015

How do you feel taht jurisdiction  is worng.


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