What is Quash and what happens after Quash?
insaniyat
(Querist) 02 January 2011
This query is : Resolved
Dear All,
1. Me and my family members been implicated in false 498a and DV cases in 2009. Argument stage still yet to come.
2. Recently in her cross examination she said that she had no connection with her in-laws and they never visited the matrimonial home.
3. Presently she is staying in her father's house where she pays rent.
4. My lawyer asked her, after having so much trouble in your life, did your father still force you to pay the rent? She said yes.
5. She admitted many other charges made false against us.
6. When asked, then why did she file DV case? She said she want money to support herself and children.
7. That means all other charges are nothing but fabricated as she needs money.
My lawyer is saying I can go for Quash now.
My questions are;
a) What is Quash?
b) Can I go for Quash based on her cross examination?
c) What happens to DV and 498a, once it gets quashed? I mean, me and my family members are completely out of the court cases?
Please advice.
Thanks in advance.
s.subramanian
(Expert) 02 January 2011
When the trial is in a part-heard stage,it is not advisable to approach the high court for quashing. It will not be entertained. You go ahead with the completion of the trial.
Kiran Kumar
(Expert) 02 January 2011
Quashing petition is filed before High Court under S.482 Cr.P.C.
Quashing means quashing of FIR.
but in your case the trial is on and the complainant has been duly cross examined. After the closure of prosecution evidence, the statements of the accused will be recorded under S.313 of Cr.P.C.
and if the facts as mentioned by you are to be considered then yours is a good case for acquittal.
approaching HC for quashing will be of no use as the parameters of quashing are quite strict and may not apply to your case.
better concentrate upon trial and seek acquittal.
Ajay Bansal
(Expert) 03 January 2011
I Bagree with Subramanian.
insaniyat
(Querist) 05 January 2011
Dear All,
Thank you indeed. I appreciate for your valuable suggesstions and am sure I will wait for completion of trial.
Kiranji, the prosecution evidences has been closed from her side. But my side, I would like to bring evidence as it is quite strong to support my case.
Thnx once again to all your efforts.
best regards,
