Vishal Singh 13 March 2016

Addition in my 482 quash petition

Hello,

I have 498a, 323, 506 and DP 3/4 in Varanasi Court. I appealed in the High Court for quash under section 482 as there were 3 mistakes found in chargesheet. The biggest mistake being, Police said they recorded my statement, while the truth is I was out of India that time.

I filed quash petition in Allahabad HC for the 3 mistakes found. However, I figured out that under section 177 to 185, territorial jurisdiction, I could have filed and that gives more positive results compared to general "Quashing of Chargesheet" format.

Now the proceedings is in mediation under Allahabad HC. I want to know, can i append my petition and put that there is a limitation under Territorial Jurisdiction. My lawyer never advised this but somehow I figured out lot of judgements supporting this.

Please help!!

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5 Replies

Fahd Iqbal 13 March 2016

Territorial jurisdiction. ? I'm matrimonial matters its discretion. Of the girl to file case where it is convenient for her...mediation is gud relief u got from Allahabad high court .if u want any other help u can contact

Fahd Iqbal 13 March 2016

Territorial jurisdiction. ? In matrimonial matters its discretion. Of the girl to file case where it is convenient for her...mediation is gud relief u got from Allahabad high court .if u want any other help u can contact

Vishal Singh 13 March 2016

Thanks for the reply.

However, in many of the cases including Ajith Abraham case , Dheeraj Jain case, Bhura Ram case etc. the case was quashed under section 482 based on territorial jurisdiction. We have seen judgements where judges have asked the girl to raise the issue in correct forum minding territorial jurisdiction.

Now what if I go for a prayer to add the additional petition in my already applied writ petition. Will it be accepted after my mediation fails?

Regards

SAINATH DEVALLA (LEGAL CONSULTANT) 13 March 2016

The 498A law is so much abused and misused that anything can happen, wives always do this. A wife's parental home may be XYZ but for filing FIR she may go at ABC and lodge FIR. This is always done by bribing police. YOu will be surprised that not only inlaws but the entire household are involved in the FIr and sometimes even neighbours, friends by adding s.114......Therefore, jurisdiction is not a big deal... there are contradictory case laws over this issue....

You can try....but remember that you have to keep cool, in the process do not lose your peace, energy, time and money....

Vishal Singh 13 March 2016

Thanks for the reply Sainath. I am aware of the misuse and infact all the lawyers with whomever I spoke, infact my lawyer handling my case, also suggetsd that the section 177 is relaxed for girls.

But my question is, where is this written that section 177-185 has to be relaxed for girls. I am not asking anything which goes beyond that judicial system. I strongly believe in our judiciary.

But still I would like to ask can i make a prayer in my already filed writ petition under section 482, to quash 498a case on me. Will the judge at this stage accept my prayer to include territorial jurisdiction grounds in my already filed petition. Or is there any other way? If the prayer gets rejected, can i file another 482 quash petition on territorial jurisdictions ground.

Regards,