Quashing fir on jurisdiction
R Shreeniwas
(Querist) 20 June 2015
This query is : Resolved
Hi Experts,
My brother's wife has registered FIR under section 498A, 34 on all of us including my parents.
In FIR all the incidents are mentioned in one state (Maha.) but to run the case in their state i.e. in A.P. they have registered one incident where me and my family went to their place and assaulted my brother's wife which is false, we were not in that area when the incident has shown.
So my question is can i challenge this FIR in high court for quashing on jurisdiction basis as all the incidents mentioned in FIR is from another state and just to run the case in her home town she has mentioned the said incident?
I have few citation/judgements where FIR was quashed on jurisdiction basis but want to know how to quash when one of the incident they have mentioned is from their city?
Please suggest.
Thanks,
R Shreeniwas
SAINATH DEVALLA
(Expert) 20 June 2015
U R saying U R having citations and judgements regarding the same,then engage a good competent lawyer and proceed.
R Shreeniwas
(Querist) 21 June 2015
Thanks for your reply Sainath Sir and Sudhir Sir.
All the citations included incidents shown at one state but could not find some judgement where incidents mentioned were from different states.
So if you could please let me know some of such cases where quashing can be done that will be very helpful for me.
I am using below quash citations for our case:
1)Y. Abraham Ajith & Ors. Vs. Inspector of Police, Chennai & Anr.
2)Satvinder Kaur vs. State (Govt. of NCT ofDelhi) (1999) 8 SCC 728
3)Niraj_Trivedi_vs_State_Of_Bihar_And_Ors._[Along_With_..._on_4_January__2008
4)Manish_Ratan_&_Ors_vs_State_Of_M.P._&_Anr_on_1_November__2006
Thanks for all your help on this.
Regards,
R Shreeniwas
Rajendra K Goyal
(Expert) 21 June 2015
You may try, quashing seldom allowed in such cases.
Dr J C Vashista
(Expert) 23 June 2015
Generally local police do not lodge the complaint/FIR so easily, even if agreed and registered, the magistrate shall consider the point of jurisdiction before taking cognizance and issuance of summons/warrants against the accused.
FIR is difficult to be quashed by High Court on the point of jurisdiction.
