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Domnic   16 August 2016

Quashing of fir under sections 354,354b,323

I was booked under the charges of IPC 354,354B,323.The lady filed a complaint against me in the year 2013 and her Fir was done in the year 2014.I filed a Fir in 2013 against them.After that I was arrested and was released on court bail after a surety of Rs 15000.In her chargesheet the I/O clearly writes that all the evidences are aginst me and on that basis I was arrested.The judge also declares me PRIMA FACIE.And arguments on charges have been done and on the next day she will start a trial under these charges.The lady in complaint have got sign of nearly 40 peoples with the telephones number.I filed a quash petition under the high court.I filed a quash petition that this is just a counterblast to my FIR.But the district court judge laughed in the court saying that these are the grounds under which you filed the petition.Ultimately the file will come back to me.If high court starts doing quashing on these grounds then why we are sitting over here.So I would like to know from you all that is there any chance of getting it quashed.Your's answer would be highly appreciated



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 4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     16 August 2016

The trial court judge is right, Quashing merely on this ground is not maintainable. In case you feel that the complaint on her behalf is a counterblast, then cross examine her elaborately on this aspect and give her suggestions. Quashing wont be maintainable.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Domnic   16 August 2016

So sir High court wont quash my case?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     16 August 2016

Chances are very less. But then now that you have filed it, give it a shot. Best of luck.May justice prevail.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

R Trivedi (advocate.dma@gmail.com)     21 August 2016

Share the story please and let us know why you think it is the counter blast... Many a times judges see through the petitions, if they are patently false.

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