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satnam singh (job less)     21 November 2010

procedure of Quarshing FIR of 498a,406,120b`

i have following documents should i go for quarshing now or not .

1)  In  April,2008 u/s 9HMA   

2)  August 2008,  Affidavite of wife in front of Executive Megistrate with photo  ( in which she mensioned that article given at the time of marriage, in laws have not demand for any item and i am happy   so on).

3)  December 2008,  parents give newspaper article for dispossesion.

4)may 2009, went to rent  ( rent deed)

5)  july 2009, filed divorce u/s 13.   and when she came back i take back  it.

6) july 2010with the help of police she make false 498a, 406 and 120b. they arrested my parents they come on bail after 6 day. all the recovery has been done but. they ask for 32 Tola  gold not recovered yet . this is false she has taken all the jewallary. they did't mensioned in FIR and have no proofs of it.

7) now HC has make my regular bail.  and chalan has not be presented till now.  our IO want to present chalan as soon as possible.  please sugguest me what to do.

 

should i give application to police commisioner or DGP for enquiry of this false case 

or

should i file case in HC for Quarsh FIR. 

or

both..

Our IO is agaist me  but my inlaw have not any proof that i demand for dowry and harrasment etc  but they are doing everything false and wrong documents.   

 on above said documents which I have  should i go for quarshing 

 

please answer quickly. becouse i have to take decision  right now in short time period becouse IO is waiting order copy of HC of my bail  and they want to prensent the chalan .....

 

 

thanx



Learning

 11 Replies

Kiran Kumar (Lawyer)     21 November 2010

Dear Satnam, we can understand your agony but the trouble is without examining the whole documentary record of your case no lawyer will be able to advice you for quashing of the FIR.

 

the SC has settled certain parameters for quashing of FIR.  Whether those parameters apply to your case, will be seen only after examining the record.

 

Sreenivas V (S/W)     21 November 2010

@Sing

Kiran is correct, you must consult a lawyer and should take his advice. In my case also we discussed these with a lawyer and took his good advice. So now our case is in final stages, we did not go to squash but in lower court itself it is getting solved. The lawyer adviced us not to go to quash after studying the complete case and advised us to proceed in lower court only.

Saurabh..V (Law Consultant)     22 November 2010

@satnam

 

Quashing in the discretionary power of the Higher Courts under s.482 IPC. Your conditions are quiet uniform with the directions of the Supreme Court however it is fully dependent on the psychology of the Judge who would be handling your writ petition.

 

Try to engage a good advocate and instruct him what you want !

 

//peace

/Saurabh

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     24 November 2010

Dear Satnam,

I am agreed with Mr.Kiran,

But as per your situation and condition mentioned above, you have to do both the things.

First file an application before SSP or any senior police official above then SHO of your concern police station and after a wait of few days consult any good lawyer who will guide you step by step and on the right time file quashing.

Coz presently no doubt you have emple proofs for quashing but where the queshion of recovery is concern then court will not quash your case untill and unless that issue will be resolved.

Good luck.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     25 November 2010

Dear Author,

I want to know more facts of ur case. U can call em at 9871158578


(Guest)

Everytime this girl dont answer the quesion and saying that my MO.NO>.

Is this good for other LCI members?

If he or she call her then we dont know the advise given by them .

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 November 2010

PLEASE MEMBERS PLEASE CONTINUE THIS PRACTICE OF IMMEDIATLY CHECKING POEPLE WHO AS A HABIT GIVE MOBILE NOS AND EMAIL ID.

satnam singh (job less)     26 November 2010

still chalan has tobe present in court can we go for quarsh. my advocate said if we do so then IO can say that can is under inquiary process. but  HC in my bail order has mensioned that IO says" investigation is completed ".

i want to go for quarsh before frame charges. 

wht to do???

satnam singh (job less)     26 November 2010

 

sir can i file  u/s13 samultaneously 498a.   chalan has to present . 

satnam singh (job less)     26 November 2010

 

my  wife make FIR 498a,406,120b.  following are the wrong information used in FIR.  

1) she said i ran away with my child  few days before.(now child is more than 5 yr. old)

>>>>>>> but reality is we was living seprate  from last one yr. 

2) my rented house address used in FIR . but they showed that my parents are living in that place.

>>>>>>>>>>> my parents has dispossesioned  us before 1-1/2 yr. and they live at seprate address.

                            she also accept it in FIR.

 

can it be quarshed.

 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     18 December 2010

TRY YOUR LUCK IN H.C , NOTHING WRONG.


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