Kamal Adidi (BE) 03 May 2015
divyangthakur (Lawyer) 04 May 2015
Dear Sir,
It might not be possible to get the whole FIR quashed outright as the High Court does not regularly interfere in its jurisdiction under 482 of the CRPC. However, if chargesheet is filed and the offence of 498A is not made out then at the stage of framing of charges it would be possible to get the charges of 307, 506 and 498A removed. We can file an application for quashing of chargesheet in respect of 498A as it is well known fact that provision is being misused to harrass the husband. For further details you can contact me at 9899028468.
Divyang Thakur
Advocate
Allahabad High Court
Chamber No. 177, Lawyers Chambers, Allahabad HC
Resi Office : B-7, Nai Jhunsi, ADA Colony, Pratishthanpuri, Allahabad
Kamal Adidi (BE) 05 May 2015
Thank u for your valuabe advice.
The Police submitted charge sheet on 498a,323,504 only on the basis of girl and her mother's de-facto statement on 3 persons (Husband+ Father & Mother)(307 & 506 removed after investigation). Is it sufficient for making police charge sheet?
Kindly refer to the order/Judgement of THE HON'BLE SRI JUSTICE R.KANTHA RAO (Link https://judis.nic.in/judis_andhra/chejudis.aspx)CRIMINAL PETITION NO.177 OF 2010 on dt.21.03.2013)the same condition is here.
Allegations made in FIR only on the basis of defacto condition. Kindly suggest what todo.
1. whether on the basis of Police Report and fabricated matter was Totaly FIR/ Chargesheet (498A) be quashed or what happens next step to do Please advice for me to get free.
regards and thanks for your valuabe support & Remain Thankful to You.
divyangthakur (Lawyer) 05 May 2015
You need to contact me at 9899028468.