Dear Experts,
We are planning to go for quash of the case filed with allegations of false promise of marriage.
Charge sheet filed with sections 417 420.
Honorable advocate advised us to go for quash: My query is
--> Should we submit the evidence to disprove her statements that were in FIR and chargesheet.
I am somehow not very optimistic with the quash as i read that discretionary power is to be used sparingly. So if we submit proofs to disprove her statements now and if quash wont happen, probably she will make up her stories in cross-examination according to our proofs. << This is my doubt >>
But i read SC guidelines for quash. One point is, if a case is filed wit malafide intentions, to get wrong gains out of the case from accused, then HCs can exercise the option to quash the case.
We can clearly prove the reason behind the case is pure vengeance or to get gains i.e marriage by showing the case. We have proofs of the complainant sending mails and messages to A1, A2's departments asking them to suspend them. Complainant also abused A1 using swear words.
Our Advocate did not ask us for anything to submit for quash.
--> Cross examination might not be conducted now, since A1 is not in India and he might not want to return to India now. He would want to exercise his visa since he has taken up the job outside to earn money for his sisters education.
--> Complainant tried to influence the judge by visiting their quarters and requesting judge's wife and giving them wrong info and making them having a wrong pre-notion about the case, which has made the Judge to include A2, A3 names also in the case which were taken off by police after investigation. Clearly no justice would be done in the court in which the case is filed.
Any advice on above matters is highly appreciated.
Thanks for all the help.
Thanks,
