Is Jurisdiction based discharge possible in 498a?
Wife filed 498a at my in-laws place stating in so and so date I was in in-laws city. Can I go for Jurisdiction based quash after giving proof that I was not in in-laws place on so and so date.
Is Jurisdiction based discharge possible in 498a?
Wife filed 498a at my in-laws place stating in so and so date I was in in-laws city. Can I go for Jurisdiction based quash after giving proof that I was not in in-laws place on so and so date.
adv. rajeev ( rajoo ) (practicing advocate) 28 February 2013
where the offence is committed?
Advocate M.Bhadra 28 February 2013
Your wife can file a case u/sec.498a IPC in your in laws address also,sec.177 Cr. P.C.is not applicable in this situation. So the case is maintainable for the purpose of jurisdiction,quash does not lie.
I asked for discharge on the basis of jurisdiction.
Main false offence commited in City A of State X but one more false offence of 323 506 at her parents place i.e. my in-laws in City B of State X. Both City A and City B are in same state i.e. State X.
Can I go for Jurisdiction based discharge after providing my proof in Trial court?
ashoksrivastava (scientist) 28 February 2013
Rahul Kapoor (Legal Enthusiast) 01 March 2013
hello,
yes its possible.
anything concrete advice can only be given after looking at FIR.
regards-
rahul.gogreen@gmail.com
Rahul Kapoor (Legal Enthusiast) 02 March 2013
hello,
if FIR gets quashed the case in lower court will stop.
regards-
rahul.gogreen@gmail.com
ashoksrivastava (scientist) 02 March 2013
Hi if fir gets quashed undercrpc482 in HC on jurisdiction grounds judgement will be somthing like"thecomplainant is free to file complaint in court of suitable jurisdiction". regards
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 March 2013
Yes and No.
Depends what is the issue w.r.t. jurisdiction.
Regards,
Shonee Kapoor
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 06 March 2013
If the complaint is returned, she very well can.