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Anil Kumar (IT Professional)     16 December 2014

Need advice

Dear All Legal Experts,

My wife has filed FIR U/s 498A/506/504 and 3/4 DP case at Allahabad (and before this she has already filed DV Case on me and case are under traial) as I am the resident of Delhi and my wife resides with me in Delhi since our marriage. After the few months she go back to her parental house and not turned back despite several request and finally filed the RCR and get the decree in favour of me.

After the RCR case after the period of 1 yr. she has Lodged FIR at Allahabad and the case has been registered by Allahabad Police and the police has investigate once in Delhi. The further investigation is in process and no chargesheet has been file.

The important face ot this FIR:

  • The FIR was lodged after the 3 yrs of desertion to me  by my wife 
  • As per the FIR, the all allegations made by my wife are false and totally fake.
  • If we assume that we have done any crime then all the cause of action was happen in in Delhi.
  • My wife was get the bp and heart problem and was admitted in hospital for 1 day and she use this incident as a weapon in 498A case make this issue  of mental cruelty.

Now the question is:

 

  1. Can I challenge this FIR directly in Allahabad High Court as the chargesheet has not filed yet and investigation of this case are still pending.
  2. If possible to challenge this FIR in High Court directly then what will be the process.
  3. Can anyone suggest me the right Advocate for legal consultation and represent my case in Allahabad High Court? Search for expert and genuine Advocate

Hope of positive response.



Learning

 2 Replies

s.subramanian (senior partner)     17 December 2014

Quashing of the FIR can be sought on very strong and legal grounds only. Mere delay in filing the charge sheet will not be such a strong ground for quashing the FIR. Even if you file such petition to quash FIR, the court will merely direct the police to file the charge sheet within a stipulated time and dispose of your case. it will be a wasteful exercise. On the other hand , if you wait till the charge sheet is filed , you can raise stronger grounds for quashing and chances of success will be more. FIR quashing will be done only in very rare cases. 

T. Kalaiselvan, Advocate (Advocate)     24 December 2014

Challenging the FIR by filing a quash petition before the high court may not fetch desired results since the investigation has not been completed by concerned police.  Instead of hurrying and getting entangled with legal issue which may not yield any favorable result, better to wait and challenge the reportedly false case appropriately before the lower court itself.  Also since you are confident about its falsity better tke the advise of a good lawyer to defend yourself in the trial court itself.  For advocates, you may to search for one yourself, you can find a list from the LCI data also.


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