karthik (divorce applicant) 29 November 2013

Quashing

Dear Sir/Madam,

Please advise on my case:

Details: It's an short time love cum arrange marriage, marriage held in AP in husband house on husband expenses, wife and husband both salaried in private firms in Bangalore, no dowry taken but before marriage wife took some amount from husband for her house renovation in her native in AP it's an online transfer and have proof, after marriage wife transferred part of her salary to husband for four months saying she forgot her debit card in her hometown, during their family life all expenses rent, house advance and everything spent from husband account and have credit card and rental proofs, after four months differences started he found she is cheating him, she has premarital affairs and she is continuing after marriage, it was taken to her parents notice they supported her, husband sent a lawyer notice to wife to mend her behavior and leave a peacfull life she replied to husband with all false allegations and left matrimonial home and filed a private complaint in bangalore court showing her money transfer through online and court directed PC to FIR 498a on husband and her old parents and sisters who were living in AP

later A1-A5 got AB, and he filed to quash the FIR in Karnataka high court, case got admitted in high court and it is in served notice status from last two years and no progress.

But metropolitan court has issued summons to A1-A5 which was directly collected from PC and attend the court and got AB regularized, during last trail court has ordered PC to file for chargesheet and i guess charge sheet was filed to my case in last month which my lawyer is not revealing.

It is very difficult for my sisters to visit court for every trails so i requested my lawyer to file for permanent exemption but he is filing temporary exemption everytime, atlast through LCI i came to know using section 205 we can file for permanent exemption and the same has been discussed with my lawyer to file 205 for my sisters on medical grounds as my elder sister is pregnant and he is doing that in next trail. my fate is like i'm doing lot of research to find solutions to my problems as lawyers whom i hired are not cooperating

so my queries are:

1. Based on above facts is it possible to quash the 498a FIR completely ? if not completely get quash is it posssible to remove names of my parents and sisters from FIR as they were no where related to my case, after marriage we came to Bangalore and my sisters are married and living with their families in my native and my parents staying at my native place which is 350 kms away from Bangalore

2. can some one refer me a honest high court lawyer in Bangalore i want to give my case pending quash petition to him/her as my current lawyer telling same story(bench is not good) from last two years, some one in my native referred me this lawyer saying he is son of retired high court chief justice worked for AP, Orissa and Karnataka high courts, but as per my opinion he is doing nothing he is harrasing me, he wont pick phone, if i go to his office he listens same story bench is not good next week we move this case this is happening from last two years, vexed with his answers and kept silent.

3. please refer me any citations relevant to my query where A2-A5 got their names removed from FIR

Reply Follow

5 Replies

sridher (system analyst) 02 December 2013

first of all you forgot one thing that is your marriage happenend at Andhrapradesh yes or no/

if it is right then you fight on juridiction base means marriage happened at Andhrapradesh means the case has to be fight in any court in Ap only.

tell your advocate to fight on that ground if your lawyer is not supporting you better you cahnge your lawyer immediately.

ask for noc from your advocate if he is not ready to give

1) find the president of bar counsil of that court a present a complaint letter and finally in the high court there is a vigilance cell complain there.

definately he will come in to your way

i have done the same thing

and i got sucess

if you have any problem u can call me at this no

9603867224

hyderabd

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 December 2013

Dear Querist

my opinion on your queries are as under:

Based on above facts is it possible to quash the 498a FIR completely ? if notcompletely get quash is it posssible to remove names of my parents and sisters from FIR as they were no where related to my case, after marriage we came to Bangalore and my sisters are married and living with their families in my native and my parents staying at my native place which is 350 kms away from Bangalore

Opinion: it may be possible but depend on the court. fight the case on merit and it's depend on the facts and circumstances if there is no specific allegation then the court may quash the FIR against them.

Opinion: you should search yourself because the main thing is your satisfaction.

3. please refer me any citations relevant to my query where A2-A5 got their names removed from FIR

Opinion: for citation or case laws you should contact a lawyer personally or over the phone.

Feel Free To Call

karthik (divorce applicant) 03 December 2013

Thanq for the reply Quereshi Sir, based on your earlier rply to my topic i filed 205 for my sisters, may i will get success in that.

i need clarification on sridher rply on this topic could you give your valuable opinion on his reply?

(Guest)

Hello,

The Investigating Officer can drop the names of the co-accused in charge sheet, but the names of the same people may be added while framing of charges or at a later stage in the trial. But I would advise you to go for quashing of FIR instead, as, even though the names may be dropped; they can be again added at a later stage. The High Court, under the powers vested to it under Section 482 of the CrPC, can quash an FIR, if the same has been found to be filed on frivolous grounds.

The definitive judgment for a quash petition is the State of Haryana Vs. Bhajan Lal, 1992. In this judgment, the Supreme Court laid out certain category of cases by way of illustrations wherein the inherent power under Section 482 of the Code can be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice. The relevant guidelines for quashing of an FIR, as alliterated in the Bhajan lal case, are:

(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(b) where the uncontroverted allegations made in the FIR or 'complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

(c) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

(d) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Therefore if you have sufficient proof that is proved beyond reasonable doubt which easily implicates her malafide intention, you may get the FIR quashed. In this regard, you may produce evidences which indicate her behaviour and her intention to get a divorce. Good luck.

–Regards,

Advocate Pooja

www.lawkonect.com