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498A, 307, 313 and DV act 3,4

(Querist) 24 April 2018 This query is : Resolved 
Sir, fir has been filed against me and my family members u/s 498A ,307, 313 and DV act 3,4 . The case is presently in mediation can I proceed for quashing of fir as I have been falsely implicated and my wife has not been living with me for the past 4 years and she has blamed that I along with my mother and brother tried to murder her , however my mother and my brother was not even present at allahabad at that time. infact attendance of my brother is marked in his govt office where he is doing job at amritsar. I have the online attendence sheet as a proof of this ...plz guide
Vijay Raj Mahajan (Expert) 24 April 2018
You're not mentioning the correct provision of law under which FIR was registered. It should read section 3,4 of Dowry Prohibition Act not DV Act.
You have not mentioned complete facts of the case. The charges u/s 307, 313 IPC are serious in nature.
What caused miscarriage of the child for which you were charged?
Look getting the FIR quashed may not be so easy for you.
Charges made against other relatives if result in actual charges framed by the Court need to be seen before seeking quashing from High Court.
Avinash (Querist) 24 April 2018
Sir, no possibility of child as we are living separately for the past 4 years, no medical has been conducted for 307 or 313 she has falsely implicated me as I have filed divorce case against her on 23.12.2017 ans she has filed fir on 06.03.2018 . we are living separately for past 4 years
Avinash (Querist) 24 April 2018
Sir, no possibility of child as we are living separately for the past 4 years, no medical has been conducted for 307 or 313 she has falsely implicated me as I have filed divorce case against her on 23.12.2017 ans she has filed fir on 06.03.2018 . we are living separately for past 4 years
Avinash (Querist) 24 April 2018
Sir, no possibility of child as we are living separately for the past 4 years, no medical has been conducted for 307 or 313 she has falsely implicated me as I have filed divorce case against her on 23.12.2017 ans she has filed fir on 06.03.2018 . we are living separately for past 4 years
Avinash (Querist) 24 April 2018
Sir, no possibility of child as we are living separately for the past 4 years, no medical has been conducted for 307 or 313 she has falsely implicated me as I have filed divorce case against her on 23.12.2017 ans she has filed fir on 06.03.2018 . we are living separately for past 4 years
Avinash (Querist) 24 April 2018
Sir, no possibility of child as we are living separately for the past 4 years, no medical has been conducted for 307 or 313 she has falsely implicated me as I have filed divorce case against her on 23.12.2017 ans she has filed fir on 06.03.2018 . we are living separately for past 4 years
SHIRISH PAWAR, 7738990900 (Expert) 24 April 2018
It is good if you contest the case where it is filed. You had good case to defend the criminal case filed by your wife.
Guest (Expert) 24 April 2018
Don’t spend money on quashing at High Court. Instead of that see if you can settle the matter monetarily. These cases to get proved or not proved take life time. Already you have wasted 4 years of life. Don’t waste some more years running behind quash, then fail, then fight which wont get over next 10 – 15 years.
Technically to prove that a person was there or not there at a place to come to that stage itself it takes several years. The marriage is over. Try to solve matter amicably by giving one time alimony and taking divorce by way of mutual consent. That is the best route ahead for you all.
Ms.Usha Kapoor (Expert) 25 April 2018
I AGREE WITH EXPERTS.


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