nikhat 03 May 2015

Can accused get chance to quash the fir

Hello,

one of my relative(Girl Major) kidnapped by some one on one year before.Fir was lodged just after one day against unknown under section IPC 366.During investigation kidnapper group was revealed but police unable to locate the victim.After 16 or 17 days when we begin to lose the hope meanwhile we come to know to that kidnapper has handed over the girl to police and police has taken victim away to court for recording of statement of us 164.As it was all planned and girl was badly threatened that she will speak what they want otherwise they will kill you and thier family so she spoke what she was told and she could not speak even before police and magistarate..During investigation she not only revealed the name of accused but also tell the intentin of kidnapping.She further told she was forcibly married to one of accused so that they can save themselves.However during investigation one of accused got the bail from honourable court and only two accused were arrested out seven.Now all accused are released on bail.My concern is in the light of above facts are below
1.What is the importance of 164 statement ,will it affect the whole case however during investigation no any single point is in favour of kidnapper.

2.Can accuse get the chance of quashing of FIR on the basis of only 164 statement and showing fake marriage certificate which was not obtained from marriage registrar.Though investiagtion revealed victim was kidnapped only with the intention of forcibly marriage with

3.Should we go ahead for next step for proceding to get the justice.
4.Can we go separately to family court for declaring that said marriage is totally illegal and fake.

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 May 2015

Sir,

Section 164 statement is important, but quashing on 164 is doubtful. Next Step would be move an application before the Judge wherein 164 statement was given and bring the truth to Judge's Knowledge or write it to the higher authorities about the truth as to what actually happened ......

Warm Regards

Kapil Chandna Adv

9899011450

Dr J C Vashista (Advocate) 04 May 2015

1. Whether the lady wanted to cooperate the prosecution or resile, is more important then the statement u/s 164 Cr PC. If she intend to prosecute, the statement is vital otherwise irrelevant and she can reveal the truth at the time of her cross-examination.

2. If the victim wants to save marriage, she has no alternative but to cooperate the accused and speak/depose accordingly, if not, she has to tell the court that it was a forcible marraige under threat and duress. However, FIR cannot be quashed under these circumstances.

3& 4. The decision lies with the abducted (and not kidnapped) lady and her lawyer.

nikhat 06 May 2015

Thanks a lot for confirming and clearing my confusion Dr J C Vashista, majjagdish@ya and Kapil Chandna.
Very quick response excited me to ask some more question.
In this case also lower court had issued warrant and proceed with crpc 82 but at last lower court reject the 83 on the basis of accused has applied Anticipatory bail in High court . Is there any ruling from High court that lower court cant accept 83 if ABP is pending in High court.If not do i have right to complain against lower court and where?

Thanks in advance

T. Kalaiselvan, Advocate (Advocate) 06 May 2015

If the accused side is applying for quash, file an intervenor petition and record the objection strongly especially on the baisis of threats that followed when the girl was in police custody. This will enable the dismissal of quash petition.