worriedsick 01 April 2015

498a quashing : request for your valuable advice

To all learned souls here, I seek your valuable advice to counter false 498A/406 filed against me and my innocent old parents.

I'll explain my case in brief. Married this woman after 3 years of committed affair. She is from Delhi. I'm from Bangalore. After marriage, we settled in Bangalore. She barely lived for 4-5 months, left for Delhi. Didnt return. Instead pressurized me to relocate to Delhi. Her father threatened me on a regular basis to do as his daughter says or be ready for legal hell. I kept begging her to return but to no avail. Finally I got fed up, told her, she can come whenever she wants, but I'm not moving to her city under any circumstances by leaving my old parents and my work.

Next thing I know, I get a CAW summon. This quickly escalated into an FIR of 498A, 406, 34.

Now, my queries :
1) In FIR, says place of occurrence to be Bangalore. Absolutely no mention of any wrong doing in Delhi. Still the case gets registered in Delhi?
2) I have phone call records of her father's threatenings of dire consequences and legal hell if I didnt move to Delhi.
3) I have irrefutable proofs of her being happy with me while she was living with me in the form of photographs, smses, emails filled with love yous and miss yous. It shows there was absolutely no torture.
4) She registered the FIR after almost 2 years since deserting me. If someone was really tortured, will she wait so long to file a complaint?

My question is, are these sufficient grounds for filing quashing of FIR in high court?
1) No jurisdiction in delhi because place of occurrence is mentioned to be B'lore.
2) Her father's threat calls of entangling me in legal cases (showing malafide intentions)
3) Absolutely no proof of any torture, cos none ever happened. (Photos and videos to prove her being happy during her stay with me.)
4) The long period after voluntarily deserting me. (2 years)

I'd be very grateful for your valuable advice on the same.

Thanks.

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 01 April 2015

Sir, Its a good case for quashing, because if no incident happened in Delhi then even the FIR should not be registered.... Otherwise as well it is in the interest of justice to quash the FIR..... Regards Kapil Chandna Adv 9899011450

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worriedsick 02 April 2015

Thank you so much, Kapil Sir. That certainly was relieving to know. :) Would jurisdiction alone be enough to quash the case in Delhi, or I'll need the rest of the grounds as well to substantiate the quashing?

The reason I ask this is because I was told that the call records need to be authenticated by a forensic lab to hold value. If that is true, I'll have to get it done before filing for quash. I have the rest of the grounds covered in the form of photos and videos of her being happy with me, going on vacations, shopping, dining etc. Romantic and intimate smses, emails and whatsapp messages as well.

Awaiting your response.

Thanks so much! :)

498aWinner (NA) 02 April 2015

Girl can file the FIR in jurisdiction where she is currently residing. However, the proofs you have will be valid to file a quash petition depending on what allegations she has made in FIR. As far as call records are genuine, nothing to worry. (.. Am not a lawyer, am fighting a 498a. Suggestions are through my experience)