Is jurisdiction based discharge possible?


Is Jurisdiction based discharge possible in 498a?

Wife filed 498a at my in-laws place stating in so and so date I was in in-laws city. Can I go for Jurisdiction based quash after giving proof that I was not in in-laws place on so and so date.

 
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practicing advocate

where the offence is committed? 

 
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Your wife can file a case u/sec.498a IPC in your in laws address also,sec.177 Cr. P.C.is not applicable in this situation. So the case is maintainable for the purpose of jurisdiction,quash does not lie.

 
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I asked for discharge on the basis of jurisdiction.

Main false offence commited in City A of State X but one more false offence of  323 506 at her parents place i.e. my in-laws in City B of State X. Both City A and City B are in same state i.e. State X.

Can I go for Jurisdiction based  discharge after providing my proof in Trial court?

 
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scientist

If you are taking plea of alibi for a particular offence burden of proof will be on you. If you prove that you were some where else when a particular offence is alleged to be comitted you will definitely be discharged from that offence only. how ever girl side create jurisdiction using crpc 178c and 179. these days firs are not filed by complainant spontaneously but its meticulously planned with the help of lawyer to make crpc 177 irrelevant and crpc178c or 179 applicable regards
 
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Legal Enthusiast

hello,

yes its possible.

anything concrete advice can only be given after looking at FIR.

 

regards-

rahul.gogreen@gmail.com


Total likes : 1 times

 
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What if that FIR get quash/discharge ? Can She lodge another FIR or same FIR will be transfered to Main false jurisdiction i.e. Husband place?

 
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Legal Enthusiast

hello,

if FIR gets quashed the case in lower court will stop.

 

regards-

rahul.gogreen@gmail.com

 
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scientist

Hi if fir gets quashed undercrpc482 in HC on jurisdiction grounds judgement will be somthing like"thecomplainant is free to file complaint in court of suitable jurisdiction". regards

 
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Legal Evangelist - TRIPAKSHA

Yes and No. 

 

Depends what is the issue w.r.t. jurisdiction.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: http://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

 

 
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