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SurNatChety (Private)     22 August 2017

Quashing of fir

Hello Sir.

         I have been maintaining the e-fling website account of all my family members that includes my father, mother, uncle and my wife, as they are not used to filing returns on their own. Due to my family issues, the relationship between my wife and me got strained and I had to file divorce under 13 i a  to dissolve my marriage. As a retaliation, she filed a domestic violence case against me and claimed maintenanace stating that she is a house wife. To prove her she is working, I downloaded the Form 26AS from the income tax website and produced the same to the court and the maintenance amount was also awarded based on it.  Infuriated by this, she filed a complaint in the policestation stating that I have been accessing her Income tax details by suppressing that fact that I am her husband. Following this, an FIR has been filed under Information technology act 66 (c) and 72 without interrogating me and a notice has been issued to me in post mentioning the same. I have bailed myself in the magistarte court now.

   Please let me know if this is a fit case for quashing in the high court. Also, kindly provide any past judgements.

 



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 1 Replies

Raveena Kataria (Advocate )     23 August 2017

All you need to do is comply with the directions of the notice served to you by the police. A chargesheet hasn't feel filed against you yet. You have merely been accused but the cognizance of your offence hasn't been taken. In my opinion, foremost you should be assisting the police with the finishing of their investigation.   


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