498a and 406
gurcharan singh mahi
(Querist) 25 November 2012
This query is : Resolved
sir my file a false case of 498a and 406,we r on bail,chalan were filed by i o,in his report he doesnt write against us i.e he doest nt find any this dt show dt we r torture for dowry frm my wife.
now shal we go for quesd the case before the charge are label againt us . or we fight the case.i spent 19 days nd mom dad spent 10 dy in j c.in the complaint my wife written dt they have 15 lakh on maarriage. so demanding 15 lakh. thy having high approch,we r from defence back ground. shall we file complaint to human right commission.shall it help in fighting the case ???
Raj Kumar Makkad
(Expert) 25 November 2012
Mahi! If challan filed against you do not disclose much evidence or mentions only routine allegations then it shall be better to go to high court for quashing the petition otherwise have no option but to contest the case.
Guest
(Expert) 26 November 2012
If the report of the IO does not indict you then file for quashing in the HC before the charges are framed. When a person has been arrayed as an accused with the motive of harassing him, it is an abuse of the process of law which can be remedied by filing a petition for quashing in the HC. Writing to the Human Rights Commission would not help as it is sub judice matter and, therefore, a matter only between the court, prosecution and the defence. It has to be fought out in the court.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Nadeem Qureshi
(Expert) 26 November 2012
Dear mahi
if you have any strong evidence in your favour you can file a quashing petition before HC u/s 482 of Cr.PC for quashing the FIR and Chargesheet.
Feel free to call
ajay sethi
(Expert) 26 November 2012
agree with experts
