498a & 406

Mustafa Bhat (Querist) 09 February 2014 This query is : Resolved
FIR for 498A & 406 in November 2010 by my ex-wife as she was divorced by me as per Muslim personal law as we are both Muslims in January 2010,FIR for all members of family Father,Mother,Brothers,Sisters.Got AB.Applied for Quashment.Police then submitted the Chargesheet in court in January 2011,Chargesheet only against me rest of my family members dropped by police after their inquire.Then i withdrew my Quashment application from High Court.Finally Court framed the charges in May 2012.Till date out of 10 PW only 2 PW cross examined.
My submission is can I go for Quashment of chargesheet framed by Lower Court in Higher Court.As i am dragged without any reason from last 5 years.
As in FIR they (my EX) say that occurrences of offence has taken 20 months before the date of FIR.

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Nadeem Qureshi (Expert) 09 February 2014
Dear Querist you can file quashing petition against chargesheet but delay in FIR is only not a strong ground for quashing. it will be better to fight the case on merit before trial court

Devajyoti Barman (Expert) 09 February 2014
I think sience trial has already started the high court would not invoke its jurisdiction u/s 482 crpc anymore.
You can apply for expeditious trial but not quashing.