Quash 498A


Hi All,

My wife has lodged 498A, 406, 34 against me and my uncle, anut. The FIR has been briefed below

I , X (my wife) was married to Y (myself) on 25th October 2018 according to Hindu marriage rituals. After marriage we were living happily.

Next day after reaching my matrimonial house my husband, uncle in law , aunt in law started to tease me for the items given by my parents. They also insulted me as they were unhappy. My aunt in law used to enter between me and my husband and provoked him to beat me and he started to beat me.

on 3rd November , 2018 between xpm-x.mm pm my husband , uncle in law and aunt in law started to beat me and my uncle in law torn my shirt and demanded dowry of 50Lakh and one car. They also did not give me any food during night.

on 7th November, 2018 at 4am my uncle in law entered into my room and with the help of my husband they started to beat me and made me out of the home. they also captured the jewellery given by my parents, streedhan etc. list is given below

list:
1. ABC
2. XYz

Now we were married on 25th October and left for her home on 30th October for rituals at her home. On 2nd November I came to my home. on 3rd November morning my mother was burnt and to save her I was also burnt at my both hands, chest and legs. Immediately we were taken to hospital and we both were admitted. So I dont know how I had beaten her with my Injury. My mother died on 4th November and I was released with injuries on 4th November to complete funeral work.

Now the question is on 1st Para she wrote she was living happily after marriage and again in 2nd para she wrote we started to beat from next day she came to my home.

on 3rd November , I was admitted in hospital and my uncle aunt were busy taking care of me and my mother from morning to night. so in between how is it possible to torture her. She also stayed at a hotel with her parent as they came hearing the news of me and my mother.

on 7th November, she had a seminar at her college for which I booked a cab for her to reach her parents home (her college and parental city same) . Again my injury was not cured and My hands, legs and chest had bandage. So again it is impossible to torture her.

Now my question is, can I go for quashing the FIR? how much feasible it would be to Lodge a petition to quash FIR?
 
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btw, we did not demand any amount. my marriage was done using the Money that I had. Did not take even a single money from my in laws. It's against our family moral.
 
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Lawyer

Consult and engage a local prudent lawyer for contesting the case(s).

If you are located in Delhi and feel, you may contact me (on appointment) at:
Chamber No 647, Lwayer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi Cell # +91 9891152939 email: majjagdish@yahoo.com 

 
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Advocate

The incident of burning of your mother and yourself after the marriage arise doubt if your wife was involved in all this. What it seems that the FiR logged by your wife against you was an exercise to avoid being involved in the burning incidence by you. However what all the details that lead to the incidence can only be discussed by personal meeting. Contact me for legal consultancy vijaymahajan5758@gmail.com.
 
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But, please remember that FIR is seldom quashed by the H.C., if there is allegation of some cognizable offence. In revision, under section 483 Cr PC, trueness or falsehood of FIR is never considered. It is a matter of investigation by the police and subsequent trial by the trial court.

Total likes : 2 times

 
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Sorry, revision under section 482 Cr PC.
 
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Sorry, revision under section 482 Cr PC.
 
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apprentice

Agreed with Learned Lawyer Sh. Om prakash ji. You have to submit all documentary proofs with IO including videos/cr so as to strengthen your defence. All will be decided on the merits. So be hopeful

Total likes : 1 times

 
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thanks you all.

yes I am also preparing for trial.

@Sunil Kumar sir, IO is not doing any kind of Investigation. He just told chargesheet will be given within 1-2 months. Name of my uncle and Aunt won't be there. But only my name they will keep in chargesheet.

one more thing, the police station is located in her area. It is 200Km away from my home. So jurisdiction is different. So is there any way to transfer the case to our Area PS where She claimed torture was done.
 
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thanks you all.

yes I am also preparing for trial.

@Sunil Kumar sir, IO is not doing any kind of Investigation. He just told chargesheet will be given within 1-2 months. Name of my uncle and Aunt won't be there. But only my name they will keep in chargesheet.

one more thing, the police station is located in her area. It is 200Km away from my home. So jurisdiction is different. So is there any way to transfer the case to our Area PS where She claimed torture was done.
 
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