Hai Experts,
My wife filed a complaint 498a , 3&4 dp act,
Allegations in the fir are,
alliance was happened for A1 and LW1 as A1 and his family are native of place (a) in the year 2000
- Gave some amount and gold towards sridhan (didnt specifically mentioned given to husband or herself by her parents), in the year 2000, after marriage left to other state from the inlaws house of the complainant, and residing seperately from the in-laws house(a),
- 4 years ( year 2003) back shifted to some other place(b) for doing business, not inlaws place
- since 2 years from the complaint A1 addicted to bad vices and ill treated the complainat physically and mentally for more money,
- Since 1 year A1 developed illegal intimicay with another lady and harassed LW1 mentally and physically for want of more money
- LW1 brought the same to the notice of A2,A3 & A4 they deaf hear and they also harassed her for want of more money otherwise they will perform another marriage to A1 with the said lady
Police filed charge sheet that all the A1 to A4 are residents of place (C) offense took place at place (B) ,
- dowry given to A1 at the time of marriage, 4 years back from the complaint (Year 2007)they came to place (b) for doing business, since 2 years from the complaint A1 addicted to bad vices and ill treated the complainat physically and mentally for more money, Since 1 year A1 developed illegal intimicay with another lady and harassed LW1 mentally and physically for want of more money LW1 brought the same to the notice of A2,A3 & A4 they deaf hear and they also harassed her for want of more money, they even beat with hands now and then hence the charge, all are liable to punish under the sections 498a and 3&4 of D.P.Act
the above charges are taken into cognigence
Year 2008 A2 to A4 approached for quash, The High court allowed partially to file a discharge in the lower court,
The lower court rejected the discharge as A1 to A4 scolded her when she bought the notice of illegal intimacy of A1 instead they supported A1 and scolded her there is a prima facia hence discharge rejected,
A2 to A4 filed for revision mean while the trial court framed charges without giving a chance for revision and after the framing of charges in a week days time A2 to A4 got stay in the proceedings from the revision court, and still pending
Charges framed are 498a and 324 ipc
The allegations framed and examintaion under section 239 CRPC
Prior to staying in place (c)
A1 and his family suspected the fidelity of LW1 and they harassed physically and mentally for more money and necked LW1 out of the house hence 498a
Since A1 to A4 beat LW1 section 324 IPC
So to be tried
MY QUERY IS
The allegations mentioned in the charges framed are not there in FIR or the Charge sheet
A1 and his family suspected the fidelity of LW1
Necked LW1 out of the house,
Section of 324 IPC the complaint never disclosed that the accused beat her with hands but in the charge sheet accused beat with hands now and then does this allegation attract 324 IPC
And now the point is can A1 go for quash on the grounds that the allegations differ from the complaint and the aplicability of section 324 IPC
