Ambycabin 01 August 2016

Quashing 498a before FIR

Hi experts, I have a false complaint made against me under 498,504,506,34. Wife is staying with her parents for more than a year now. A baby girl child have begotten and her relatives and my in-laws are adamant.My wife is 23 years old. I applied for RCR and got back a legal notice from lawyer of my wife that says I have committed a offence of serious nature and she have given a complaint to CAW cell. Me and my sick old parents(69-Father and 67-Mother) were called up at CAW cell of their juridisction area.I knew the nature of my in laws and hence I had secured a 72 hrs interim protection 4 months back. Now I dont want my parents to unnecessarily be part of these fake allegations and appearence in Woman CAW cell. 1.Can I go for quash of this complaint or atleast get a stay or exemption to appearance of my parents from High Court? 2. What is the probability of getting these 498a allegations quashed,Allegations dont show any serious offence, They have sent same notice to 15 of my relatives who are not even related to the case. 3. Shall I file counter cases of Defamation right now? Or shall i wait till My RCR is finalized ex-party(As she is not attending the rcr date , 2 dates are over)

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10 Replies

Nitish Banka (lawyer) 01 August 2016

If Fir is lodged it can be quashed before registration of FIR nothing can be done.

Warm Regards

Adv. Nitish Banka

Ambycabin 01 August 2016

Thanks Nitish. Is there aby provision in law which can be used to exempt my parents to not appear in CAW cell or court? They are unnecessarily dragged in the matter.. BR's

Vibha 03 August 2016

CAW cell cannot force your parents to attend mediation. Parents can send letter to CAW cell claiming ill health. It is advisable for husband to attend a few mediation dates atleast, after that you can also refuse to attend further.
Police will not force senior citizens and women to travel long distance for purpose of investigation. You can ask police to come to your city to take statements from your parents and neighbors - if needed.
As and when the case goes to court (which will take lot of time) your lawyer can move to get exemption from personal appearance for your parents. This is usually granted for senior citizens especially if case is in different city than matrimonial home.
After FIR and chargesheet you can also approach HC and pray for proceedings to be quashed against your parents. Outcome will depend on various factors. A good lawyer can advise you how to navigate this.