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sakthi (agriculture)     22 November 2013

498a fir quash

Dear Lawyers...as i said in previous post... wife's false complaint..arrested 3 members and she committed suicide after 2 days while we are in jail and we came out in bail after 5 days....now is it possible to quash this FIR? my laywer is saying we can quash this fir onfy if you are not arrested...now we can try quashing the FIR only after the charge sheet... but i'm not convinced with his words.....please help me what is the possible chances of quashing the FIR now?



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 1 Replies

Laxmi Kant Joshi (Advocate )     22 November 2013

you were arrested on the complain of your deceased wife It means she had deposed against you only then you were arrested , had she left any suicide note behind her if yes then what had written in that , had she given any dying declaration against you and the three others one if not and she had died then the court will convert her complaint to her dying declaration and you all will be charged for her murder u/s 498A , 302, 34 , 120B ipc. and no question to be quashed of fir or charge sheet . if your marriage is of below 7 years of time then you will be charged for 304B , 34,&120B ipc .

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