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RK (Doctor)     23 August 2010

498a- Quash _writ petition

498a

·         498a case filed by my sister-in-law on my brother, parents, sister, sister’s husband, two other relatives.

·         As per FIR , the girl lived with accused for 5 days after the marriage. Boy left to UK after 5 days. After 5 days She lived with her parents for 2 months and then she joined her husband in UK

·         Girl came back and filed the 498a case.

·         As per FIR, there are no allegations on A2, A3 (parents) except they asked the money by phone.

·         Allegation of gold on A4,A5

·         No allegations on A6,A7

·         All got bail from session court except A1 who is in UK.

·         No allegation occurred in the place where the case was registered.

 

 

POLICE INVESTIGATION

 

First IO:  Case Dairy1

1)      Complaints did not bring any witnesses, did not provide any evidences

2)      But Accused provided the evidences showing the girl’s expenses spent from boy’s account, marriage expenses related,  how well she took care by A1 (photos of girls birthday)

3)      IO-1 did not find any primafacie

4)      IO-1 asked the PP for opinion

5)      As per PP,  the complaint did not live with A2-A7 for considerable amount time even as per FIR. Moreover A4 is married to A5 13 years and live in the different town. Allegation is vague that asking money by phone. A2, A3 live in remote village where hardly they use cell phones.

6)      IO-1 discharged the charges on A2 to A7  

7)      IO-1 returned the bail bonds given by the accused.

 

IO-1 got promoted and transferred to another place.

Second  IO : Case Diary2

1)      IO2 took 3 more months and suddenly arrested A5 who is govt employee and husband of A1’ s sister. He showed the bail bonds and said that we got the bail bonds from police station after closing the case on him. But IO2 did not hear and kept in police custody for 1 day. IO2 told they do not have any evidences we got the binds and submitted in police station.

2)      A5 got normal bail again from lower court

3)      Remaining A2 to A7 got the bail from high court again

4)      All of sudden there are 10 witnesses  in  the chargesheet

5)      MORE and MORE ALLEGATIONS in the CASE DAIRY-2 than in FIR.

6)      Evidences given by accused are missing in charge sheet.

7)      IO2 made the A4, A5 (sister, her husband) became A2 ,A3 in the charge sheet.

8)      Not many allegations on parents but more allegations on Sister and her husband.

 

Totally police took 11 months to do everything. As per the dates, IO-2 did everything in 1 month period. IO-2 did not consider anything done by IO-1.

At last , the case was charge sheeted on everybody. Charges framing is yet to be done.

Questions:

I am not much knowledgeable on the laws, could you please suggest

1)      What are the options we have and what actions we can take?

2)      Should we go with petition about questioning the jurisdiction in lower court with crpc 177?

If so, is there any chance that can police add any allegation to charge sheet that it occurred in the place where the cases was filed before charges framing?  Currently there is no allegation of that place in CC.

3)      Should we go for ONE quash petition for A2 to A7?

4)      Should we file writ petition? What will we get with writ petition?

5)      Should we file the quash for dropping the charges on A2-A7 . Does the PP opinion of case dairy-1 will helpful??

6)      Should we file quash for questioning the jurisdiction? So, if the case transferred A1’a home town, then all should take the bails again??

7)      Should we file WRIT petition, QUASH together?

8)      Since there are more allegation about the dowry, will the quash helpful for sister and her husband?

9)      Should we go for trial ?

                                                                                                                 



Learning

 5 Replies

SAANJAAY GUPTAA (Advocate)     24 August 2010

The Best option before you is to file quashing application before the high court stating all the facts and the reports of first i.o.,  after narazi petition a case may further be open but i think this is the best case for filing quashing for A2-A7.

vijai Rajesh Kalyana sundaram (Legal officer)     24 August 2010

may i know that bail is an conditional bail which was issed by the lower court before?

Devesh A. Bhatia (Advocate)     24 August 2010

You should file for quashing the FIR against family members stating that family members had very limited interaction with the bride. Since the husband is living in different country, bride is using this FIR against family members to pressurize him and extort money from him.

Serious doubt on police role should be highlighted in HC by producing 2 IO reports and differences between them. 

RK (Doctor)     25 August 2010

 Mr.Sundaram sir,

First AB has the condition to surrender to police with in 15 days, other than that there were no conditions at all. We did . Police and extortion party played game on us by returning the bonds to us and also they did remove the documents that shows the we surrendered to police(signatures..etc). Unfortunately we do not have any proof of surrender to the police after the bail.

So, later police arrested A5 saying that there was no evidence of surrender on first time. Though you have bonds with you but you did not surrender with in 15 days.

Suddenly they realized this in the dream after  5months of returning the bonds to us  and tried to pressuized . We told we will fight the case depsite of arrest.

 

Mr Bhatia sir,  Since they already filed chargesheet , do I still have option to go for quash ?

RK (Doctor)     25 August 2010

Could you please address my questions in initial posting.

Gupta Sir,

You have said , it might be good fit for quash . If you so, can you please eloberate the grounds and the prays of the quash with writ petetion.


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