Dear Sir,
Myself Rishabh and i live with my wife seperately at delhi.My parents live at ghaziabad. My wife has claimed 498a,323,504,506 and 3/4 against me and my parents in moradabad U.P. If i take you to the incident then i and my wife are living in delhi from the last 3 years and from a long time my wife behavior was not good against me and my parents. On 16-aug-2014(saturday), i and my wife had come to ghaziabad to meet my parents. She suddenly asking me that she want to go to moradabad with 2 childrents to meet her parents. I told her to not to go because last year she already went and didnot come for 6months. She is very igoistic. She went into the room and locked it from inside and called 100 number for police. police came and took both of us to PS. At PS things were settle down with the agreement and her father and brother took her to moradabad the same day. Then till 4 months she didnot come and filed FIR us 498a,323,504,506 and 3/4 at moradabad without giving any 4 month delay reason on FIR. FIR does not have any medical report.
I spent 12 days in jail and finally i got bail from session court.My parents are on interim bail.
I have supreme court and High court rulling, It depicts that FIR delay reason should be satisfacterily explained on FIR otherwise FIR will be considered as fake and supreme court and high court both made the accussed free from all convictions from APEX COURT in 498a and 307.
1) Kindly guide me can i challenge the charge sheet in allahabad high court based on same rulling?
2) If possible, what will be the right time and procedure?
3) what would be possibility on quashing and proceeding stay?
I shall be highly obliged to you as i am suffering from financial and mental loss.
