raju (business head) 28 May 2012
Dear Sir / madam,
My bro in law, his parents, his elder brother, his sister, his maternal uncle and my self were arrested and out on bail in the case filed by his wife under sec. 498 A and relevent sections. The investigation is going on. At this stage, please advise me whether we should approach high court to quash FIR or we should do it only after filing charge sheet?
galsober@yahoo.co.in (def) 28 May 2012
Quash happens on legal grounds only. If u have one, move ahead to HC, its right time dear
Anjuru Chandra Sekhar (Advocate ) 29 May 2012
It makes no difference whether you file it now or afterwards. However if you file it now there is a possibility that HC may postpone its decision till police submit its report to magistrate because there is a possibility that the evidence that has not been there during FIR stage may be gathered by police through proper investigation. So without knowing the result of investigation, the HC may not arrive at conclusion about quashing the proceedings. However, if the FIR is too frivolous and ostensibly smacks of intent about malicious prosecution, the HC may quash proceedings now itself.
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