Scope of discharge in sec387/34
Querist :
Anonymous
(Querist) 10 October 2011
This query is : Resolved
Dear Sir,
I have a case filed against me in Court of Bombay under IPC Sec 387/34.The charges have been framed against me. I would like to know wether FIR can be quashed in High Court if so on what grounds.The facts in FIR and Transcripts are different which shows that there is no relevant information supporting the FIR if questioned.
2.Complainant is also ready to withdraw this case.
Please advise me on the above matter.
Shonee Kapoor
(Expert) 10 October 2011
Though the offence is non-compoundable, but HC may quash.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 10 October 2011
If complainant is ready to withdraw the case then prepare him to become hostile while in evidence rather adopting a long long procedure of going to HC and seeking quashing of FIR which is not only tedious but also complicated.
Querist :
Anonymous
(Querist) 10 October 2011
Dear Sir,
The case against me is under IPC Sec 387/34,after studying the chargesheet against me and comparing the evidence alongwith sources and transcripts I came to knew that the complainant and the police have fabricated the case.Please let me know wether I would've been able to get discharged before charges were framed against me.
Also,please let me know a good criminal lawyer in Mumbai for my case.
Thanking you all
prabhakar singh
(Expert) 11 October 2011
VISIT the profile of expert Ajay Sethi who is from mumbai ,he may help you in this regard.
Shonee Kapoor
(Expert) 25 November 2011
I disagree,
The case would take long to come to evidence, and the witness may or may not turn hostile, better take an affidavit and move for quashing.
Being bitten too many times in 498-a cases, where witness promise to turn hostile but don't.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
