Rohit Sharma (none) 20 August 2012

498a quash

Hello Lawyers,

I have been hit by a false 498a, and the complaint / FIR is completely false. It has been quite sometime since there was any action on FIR, and I was hoping the case would die down, and I would apply quash after the limitation period of 3 years as advised by my lawyer.

Now suddenly the police have come to action and they clearly told that they want to do something before the expiry of limitation time, and want to grab some money. Since I am a NRI, so they are eyeing some $$$. They are in full swing and trying to harass my parents, as all of us siblings are NRIs. The cops have clearly told they want money, but not how much.

My lawyer and myself are not ready to give a penny to these corrupt cops, and he is willing to fight.

I will file quash this week itself, but my question is:

1. What is police role after I file quash

2. Is it possible they will continue to harass my parents even after the quash is filed.

What are the precautions I should take.

Thanks,

Rohit

Reply Follow

6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 August 2012

Once FIR is quashed policy have no work or don't have any right to harrash you and your parents. Immediately file a writ and get the ofrder of the court to stay; the proceedings of the lower court.

1 Like

Rohit Sharma (none) 20 August 2012

Thanks Mr Rajeev for reply.

Actually I wanted to ask, once I file quash, what will police do, will tyhe try to harrass my parent more, or will they loose some of their power.

Thanks

Amit

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 August 2012

Dear Mr.Sharma,

1. Don't bow down in front of corrupt policemen, there have been cases where even after paying - they still frame up a false case.

2. Since the investigation is on, I hope you have secured bail for yourself, paritcipate in the investigation by sending your side of the story to the police via registered post, this way IO would be obliged to appreciate your side of the story before giving his report to the court.

3. The success of quashing depends on the kind of allegations levelled in the FIR, there are certain grounds on which you can seek quashing for eg : Where the FIR is malafide, vague and ambigous and an utter process of law. If those grounds are satisfied you can be pretty sure to walk out of it.

4. Don't pin too much hopes on the limitation aspect, courts have been pretty liberal on that since it's a tecnical consideration. Though delay in FIR has to be explained - it won't be enough for a quashing in my view. Such delay is easily condoned.

5. The Police would defend their frivolous FIR in the High Court, if argued correctly their defence can be split wide open.

Good Luck !

Regards,

Bharat Chugh

Advocate Supreme Court of India

2 Like

Rohit Sharma (none) 21 August 2012

Thanks Mr Chug, Davessar, Rajeev.