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498A

(Querist) 30 April 2016 This query is : Resolved 
I am zrz got married July 2009,after staying 5 years with me having a son I had to divorce as per islamic law,now my son is with me,she has complained a case against me and my family(elder brother/his wife,younger sister,younger brother and my mother) including me.
We are able quash the all the names except me and my younger brother.in high court.
One more important thing is the allegations by her is tottaly fake and those periods I was staying abroad.
I want to know the possibility of quashing remaining two (me and my younger brother)
Pls advice.
P. Venu (Expert) 01 May 2016
You can. However, it is only in exceptional cases that HC quashes the charges.
Devajyoti Barman (Expert) 01 May 2016
Without seeing the FIR and knowing the full story no comment can be made on the merit of the quashing.
I am in no position to advise further.
Rajendra K Goyal (Expert) 01 May 2016
All the documents need to be referred, discuss with your lawyer.
T. Kalaiselvan, Advocate (Expert) 01 May 2016
High court may not entertain your petition again for quashing the case, hence you may better file discharge petition before the trial court or you can challenge her allegations since you have evidences to support your defence.


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