Dino Mackenzy (Delivery Head) 15 October 2013

Ipc 498a,406 : suggestion on quashing fir under ipc 482

Hi All,

I am needing expert advice for fighting against false cases filed by my wife by abusing laws and procedures provided by Indian constitution.

I am having FIR filed under various sections of IPCs including IPC 498a.406 etc. against me/ all other family members. I am thinking to go ahead with quashing this false FIR using IPC482. Hence I am needing suggestions from you if I am moving in right direction or not. I am trying to quash FIR with below points/facts:

a. Territorial Jurisdiction: Both husband and wife spent their whole marital life( 3-4 months in total) at “X” City. Wife has filed FIR at Police Station which is in separate Jurisdiction as that of City “X”, let’s say this place as “Y” city which is wife’s parental hometown. However “Y” city is parental hometown for husband as well as both Wife and Husband belongs to same native place/city. Having said that even though City “Y” is common in this scenario, wife’s parental house and husband’s parental house falls under different Police Station vicinity/ jurisdiction. Meaning if we assume even if crime has happened at City “Y”, it should get registered under different Police Station Jurisdiction. Please correct me if I am wrong.

b. Reasons Specified in FIR for demanding money to booked under IPC498a: In FIR wife has said that husband and his family is demanding money from her/her family for reason “A”. Except FIR, she has never mentioned this reason “A” anywhere else like in case of “say of RCR” or “say of CrPC 125” etc. Other legal documents from wife which are submitted well later after lodging FIR states that husband/his family is demanding money from wife for a purpose of reason “B” which is contradicting to reason mentioned inside FIR for demanding money.

c. Proofs against allegations made by wife: Husband is having number of other proofs to prove innocence of himself/his family including audio recording of a conversation between husband and wife where wife has clearly accepted that husband/ his family never demanded money from wife/her family.

d. Accused Residential Address: Few of the accused booked under FIR are neither belongs to City “X” nor “Y” as mentioned in point (a) above. So I think we can pray honorable court to exclude these accused from a case as these are falsely booked by some cruel people by abusing provision of law.

I am seeking expert opinion if I can go head and use immense power of honorable High Court to quash FIR filed using IPC 482 using above facts.

Thanks,

Dinesh

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6 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 15 October 2013

Dear Dinesh,

On territorial question, if cruelty not done in the jurisdiction of area of your wife then you can rely upon the following judgment. you can raise the issue before the trial court or file quashing.

Y.Abraham Ajith V. Inspector of Police [(2004) SCC (Cri.) 2134].

if She has submitted that you have also done cruelty also in house of inlaws then this judgment is of no help.

now there is supreme court judgments which says that there should be specific allegations agaisnt the relatives of husband. if no allegations is there then you can also get the FIR quashed.

Rest is the matter of trial.

Rajiv Bhasin

Managing Partner

Bhasin Legal Consultants

bhasin.laws@yahoo.com

9811210505

ashoksrivastava (scientist) 19 October 2013

@ Querist was the FIR filed under 156(3) ?

regards ASHOK

Dino Mackenzy (Delivery Head) 19 October 2013

Hello Ashok - As per my knowledge FIR is not filed under 156(3). The FIR has been registered mere on a basis of piece of paper with several allegations made by wife. There was no trial happened so far for a case filed by wife under section 156(3). The police booked me and my family as per complaint registered by wife and now trying to extort money from both parties.

ashoksrivastava (scientist) 19 October 2013

Originally posted by : Dinesh(NeverGiveUp)
	Hi All, I am needing expert advice for fighting against false cases filed by my wife by abusing laws and procedures provided by Indian constitution. I am having FIR filed under various sections of IPCs including IPC 498a.406 etc. against me/ all other family members. I am thinking to go ahead with quashing this false FIR using IPC482. Hence I am needing suggestions from you if I am moving in right direction or not. I am trying to quash FIR with below points/facts: a. Territorial Jurisdiction: Both husband and wife spent their whole marital life( 3-4 months in total) at “X” City. Wife has filed FIR at Police Station which is in separate Jurisdiction as that of City “X”, let’s say this place as “Y” city which is wife’s parental hometown. However “Y” city is parental hometown for husband as well as both Wife and Husband belongs to same native place/city. Having said that even though City “Y” is common in this scenario, wife’s parental house and husband’s parental house falls under different Police Station vicinity/ jurisdiction. Meaning if we assume even if crime has happened at City “Y”, it should get registered under different Police Station Jurisdiction. Please correct me if I am wrong. b. Reasons Specified in FIR for demanding money to booked under IPC498a: In FIR wife has said that husband and his family is demanding money from her/her family for reason “A”. Except FIR, she has never mentioned this reason “A” anywhere else like in case of “say of RCR” or “say of CrPC 125” etc. Other legal documents from wife which are submitted well later after lodging FIR states that husband/his family is demanding money from wife for a purpose of reason “B” which is contradicting to reason mentioned inside FIR for demanding money. c. Proofs against allegations made by wife: Husband is having number of other proofs to prove innocence of himself/his family including audio recording of a conversation between husband and wife where wife has clearly accepted that husband/ his family never demanded money from wife/her family. d. Accused Residential Address: Few of the accused booked under FIR are neither belongs to City “X” nor “Y” as mentioned in point (a) above. So I think we can pray honorable court to exclude these accused from a case as these are falsely booked by some cruel people by abusing provision of law. I am seeking expert opinion if I can go head and use immense power of honorable High Court to quash FIR filed using IPC 482 using above facts. Thanks, Dinesh

@Dinesh with reference to highlighted text the jurisdiction for investigating cognizable offence is determined with reference to magistrate court and not wrt PS. SO if say under a magistrate court no 20 3 PS fall then any of the 3 PS may investigate a cognizable offence with or without magistrate's order,even if alleged offence is committed under the local limits of another PS under same magistrate court.

regards ASHOK

Dino Mackenzy (Delivery Head) 19 October 2013

Hi Ashok - Thanks again for clarification. In this case I need to prove that I have spent my whole marital life at different City “X” and wife has registered FIR in different City “Y” where actually her parents reside. To do so I am having sufficient proofs and witnesses. In addition, wife herself convinced in her own FIR that she left her marital house from City “X” where she spent her last day with me before lodging complaint. Plus in FIR she has mentioned her address of martial life as City “X” so that is why I am confused under which section IO at PS has accepted her FIR.

With Regards,

Dinesh

ashoksrivastava (scientist) 19 October 2013

Originally posted by : Dinesh(NeverGiveUp)

@Dinesh neither the magistrate nor the IO wil tell you under which section jurisdiction is created. However these days complaints are not spontaneous but filed with due consultation with lawyers.

Without knowing the exact contents of allegation in totality it will be difficult to comment on how jurisdiction is created. Even one small incidence mentioned in FIR to take care of crpc178(c) or crpc 179 will be sufficient for HC judge to refuse quash before chargesheet is filed.

regards

ASHOK