Case history is as below. Entire case in Tamilnadu:
First complaint filed by ex-wife at her home town police station after 3 years of separation and 1 year of divorce petition filed by me. Police forwarded the complaint to District Social Welfare Officer (DSW) of ex's home town to seek the opinion of the Dowry Prohibition Officer (DPO). My parents attended the enquiry conducted by DSW and my statement was taken thro' post and e-mail as I was in UK. The other party was also there. After hearing both the parties the DSW gave a report saying there seems to be no dowry issues and it was only general misunderstandings between the parties that led to the divorce filing. Police closed the complaint referring to the DSW report and conveyed the same to both parties.
Second complaint was lodged by ex in the same police station and FIR was registered on the same day (Section 498a and DP Act 4) on me and my parents. Parents took AB with no conditions. This time the complaint was forwarded to the DSW in my home town (as ex's home town DSW has already given a report in my favor). My parents attended the DSW enquiry again and my statement was taken through phone and post as I was in the UK. The other party was also there. My home town DSW also gave a report saying that they could not find any dowry related issues through the enquiry.
Later, my AB was approved with no serious conditions and I reached India. Now, police is saying that they are going to file chargesheet despite the DSW reports. Probably it is going to be a copy and paste of FIR. The only statements they have is of the girl's, girl's father and mother.
I would like to go for chargesheet quash in HC once I receive the copy of chargesheet. Below are the grounds I would like to use for asking to quash chargesheet:
a) First complaint was closed by the police after they received the DSW report indicating no dowry. I used RTI and got the status letter from police. The report from police mentioned "case closed based on the DSW report and complainant was informed about the case closure". On the second complaint, FIR was registered on the same day the second complaint was filed, which is 3 months after the filing of first complaint. FIR registered by the same IO who closed the first complaint. There are no change in circumstances between the two complaints. So, the complaint/FIR has been launched with malafide intentions and there is a clear abuse of process of law on the part of complainant and the IO.
b) In both complaints, the Dowry Prohibition Officers (of two different jurisdictions) have done detailed enquiry involving both parties and have concluded that there seems to be no dowry related issues and the issues relate only to general misunderstandings between me and ex. Hence court can consider the DSW reports and can arrive at a conclusion that prima facie 498a and DP4 cannot be invoked in my case and hence putting me to trial would result in injustice.
Experts, I understand quash happens only on rare cases. I have a belief that I have a fit case for quash bcoz of (a) multiple complaints in the same police station resulting in different outcomes (b) Dowry Prohibition Officer reports from 2 different jurisdiction suggesting nothing to prove/indicate dowry issues.
However I am concerned as quash happens only in rare cases. So, I want to make sure before I apply for it.
Experts, please offer your feedback as whether I have a fit case for quash so that I can decide and tell my lawyer whether to go for quash or face trial.
Thanks a lot...
