Kamal Adidi (BE) 03 May 2015

Quash 498a

Dear Sir , We need your Important Advice Facts of my Case : Marriage - 1st May 2014, date of filing of498a,323,504,506,307of IPC & 3/4 of DP Act - 3rd March 15 . Recvd Stay till police report from High Court & Court ordered to mediation on 30th April 2015 at allahabad ,Accused - Husband,Father,Mother,2Sisters(Married & lived with there inlaws house other city),Elder Brother(Married lived with Father & Mother) The matter is Girl Alleged story unfurled in the impunged F.I.R. that she got married on 1.5.2014 according to Muslim rites and custom. Gave him as dowry Rs 6 Lacs in Cash and AC, fridge and many more ...( Total Expencess shown is 16.00 Lacs) Further alleging that on 25.1.2015 the petitioners (6 Persons)carried her forcibly in Enova Car to -her Maika at (Buland shahr dehat from Lucknow Appx.500Km.) and did Maarpeet and threatened for dire consequences in case she did not meet the dowry ' demand of Rs 7 lacs to purchase Scorpio. Police submitted the real fact in there Report on 15 April that no crime is made at her maika and 307,506 and three names (Brother & Sisters Dismissed) no major findings except statement of dowry and mental harrassment from people from inlaws side. My layer suggest to challange the Police Report on the basis of Inventory list given by Girl side and wrongly alleged to give Rs 6 Lacs and Wrongly 307 & etc FIR. My Question: As According to the Police Report 307,506 are not found correct and wife alleged and fabricate the total matter to harrass the husband side. 1. whether on the basis of Police Report and fabricated matter was Totaly FIR (498A) quashed or what happens next step to do Please advice for me to get free. regards and thanks for your advice

Reply Follow

3 Replies

divyangthakur (Lawyer) 04 May 2015

Dear Sir,

It might not be possible to get the whole FIR quashed outright as the High Court does not regularly interfere in its jurisdiction under 482 of the CRPC. However, if chargesheet is filed and the offence of 498A is not made out then at the stage of framing of charges it would be possible to get the charges of 307, 506 and 498A removed. We can file an application for quashing of chargesheet in respect of 498A as it is well known fact that provision is being misused to harrass the husband. For further details you can contact me at 9899028468.

Divyang Thakur

Advocate

Allahabad High Court

Chamber No. 177, Lawyers Chambers, Allahabad HC

Resi Office : B-7, Nai Jhunsi, ADA Colony, Pratishthanpuri, Allahabad

Kamal Adidi (BE) 05 May 2015

Thank u for your valuabe advice.

The Police submitted charge sheet on 498a,323,504 only on the basis of girl and her mother's de-facto statement on 3 persons (Husband+ Father & Mother)(307 & 506 removed after investigation). Is it sufficient for making police charge sheet?

Kindly refer to the order/Judgement of THE HON'BLE SRI JUSTICE R.KANTHA RAO (Link https://judis.nic.in/judis_andhra/chejudis.aspx)CRIMINAL PETITION NO.177 OF 2010 on dt.21.03.2013)the same condition is here.

Allegations made in FIR only on the basis of defacto condition. Kindly suggest what todo.

1. whether on the basis of Police Report and fabricated matter was Totaly FIR/ Chargesheet (498A) be quashed or what happens next step to do Please advice for me to get free.

regards and thanks for your valuabe support & Remain Thankful to You.