One of my friend did Love marriage from Arya Samaj without the consent of 'her' parents. Subsequently registered the same with the Registrar of Marriage Office.
After 3 years of marriage his wife filed a baseless case against him and his parents.
FIR already registered (323, 504,506, 498A, 3/4 D.P Act)
Mediation process already failed. & investigation started.
Mine friend has filed Sec 9 RCR (after FIR) as he was not aware that petty quarrel will turned like this and Also a case against his wife & in laws is already registered in form of 'Complaint case' for extorting Rs 10 lac.
CrPC Sec 200 has already been done now Sec 202 examination of witnesses is left.
Chargesheet has not been filed yet under FIR registered.
He has applied for staying of arrest order from the H.C. at this stage.
I advised him to move u/s/ 482 for quashing of FIR with all proof and documents he has in his possession but most of lawyers advised that HC will not allow quashing.
Your valuable advise is solicited on below:-
1.can he apply for discharge application before chargesheet? or can apply for 482 CrPc??
2. Also can I/o arrest him and his parents at the time of presentation of chargesheet?
3. His wife has filed Sec 125 against Sec 9 not to mention she is a registered Insurance agent of IRDA as well a Chartered Accountant by qualification.
4. Interesting Point to mention: He has a CCTV footage when I/O came to his shop for Sec 41A CrPc Notice and I/O said as well offered to shut the case if the boy will pay Rs 10 lac to his wife and settle the issue amicably and out of the Court. The same matter has been already complained to SSP & DIG of city.
