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Arjun Gupti (Business)     07 June 2012

Quashing of f.i.r. 498a and 406?

My wife has filed a fake 498A complaint against me and my family. Police have launched FIR and the same day the girl posted this news (FIR) mentioning my name and names of my family members in 5 different newspapers.

A) Can I take any legal action against the girl and her family for defaming me and my family? WHAT CAN I DO TO TEACH THEM A LESSON as FIR does not mean we are guilty?

B) Should I wait for anticipatory bails for myself and my family before filing 'quashing for FIR' as I do have all the proofs that can dismiss all allegations made in her complaint? Or can I file this 'quashing request' right away before AB is granted to me?

Please suggest.



 3 Replies

Guest (Guest)     07 June 2012

'Posting of news' does not amount to defamation if the newspaper has merely published the facts narrated to it by your wife. If, however, it has painted you guilty on the basis of what was told to it by your wife, a case for defamation is made out. It is the newspaper you can proceed against and not your wife.

 

The first step has to be anticipatory bail. Quashing is very difficult and depends on the contents of the FIR. You have to convince the HC that the proceedings have been instituted with an oblique motive, and are an abuse of the process of law. Unless the HC is satisfied that taking the allegations on their face value, no prima facie charge is made out, the FIR will not be quashed, which process will take time. In the meanwhile if you have not obtained anticipatory bail, you will find yourself behind bars. Hence, go for quashing after AB.

M V Gupta (Advocate)     08 June 2012

I agree that mere publishing of the news that ur wife has filed FIR against u and ur family memebrs will not be defamation. Act at once as advised by Mr. Ashish Davessar.

Sunny (executive)     23 June 2012

Sir

I have a doubt, how cannot news paper publish not defamation...of course in this case not the news papers but against the wife herself. 

In other cases, this kind of act could even be considered by guys employers and he might be terminated from job.

 

Kindly   request to clarify 


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