498-a & 406
Querist :
Anonymous
(Querist) 30 September 2011
This query is : Resolved
Respected Experts,
I got married to a Muslim lady in oct,2007 as I am also Muslim, but the lady was arrogant from the day one, final I posted Divorce to her in Nov,2009, which she refused to accept. In the oct,2010 she filled a case for Restitution of Conjugal rights & in same month just after a week from filling of RCR she filed 498-A & 406 case against me & my whole family in Women police station, were she mentioned that she left my house on April 2009 while FIR was filled on Oct 2010, after a gap of 1 year & six month & the reason for delay they have given that they were waiting for compromise , the FIR final culminated into challan in the Court in the month of Dec,2010 & the challan was filled against me only. During the police investigation I & my whole family were on bail, we applied in High court for Quashment of FIR ,which later was withdrawn by my advocate after challan was submitted in Court. The Case is in Court is for discussion to see whether the chargesheet is to be framed or not. The lady also applied for Transfer of case to her district which was refused , but Hon’ble High court transferred the case to a centrally located place between me & my ex-wife but the place is in my district.
Your good self is requested to kindly advise me how to handle the case of 498A & 406, & what is the credibility of the FIR when it was filled after 1 year & 6 months after leaving my house as per her statement, and at the same time can I apply for quashment of challan or charge sheet if framed.
Shonee Kapoor
(Expert) 30 September 2011
The delay itself is not a ground for quashing of complaint.
Though this unexplained delay might help you in trial.
Also, quash happens on very select legal grounds.
I think this query has been answered elsewhere in the forum too.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 30 September 2011
the fact that 498A has been filed 18 months after she left you does cast doubt about veracity of her complaint . your ex wife has to satisfactorily explain the resaons for delay in filing FIR
supreme court in state of AP v/s madhushudaan rao has held that
Time and again, the object and importance of prompt lodging of the First Information Report has been highlighted. Delay in lodging the First Information Report, more often than not, results in embellishment and exaggeration, which is a creature of an afterthought. A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of coloured version, exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity. Therefore, it is essential that the delay in lodging the report should be satisfactorily explained
Querist :
Anonymous
(Querist) 01 October 2011
I along with my have seen very tough time with police during the FIR, I cannot forget those bad/Worst days of my life.I was in deep trauma.
My family suffered a lot because of me as my 498A ex-wife dragged my old parents my brother to court & Police. They filed the FIR under the influence of my ex-father in law as he has high contacts with ministers & senior police officers.
After Challan was submitted to the court my Counselor in High Court he didnot pressed for Quashment , which was FIR containing all, me & my family, now the challan is only against me, can i go for quashment of challan or chargesheet if charged.
My query is that
1) Just after 4 days after i dispatched Divorce to her she filled Crpc 488 for the child as she herself is a govt empoly, & sumon was issused to me after 11 months for the reason best know to her.
2) I accepted to pay max amount under Crpc 488 (rs 2000 ) & case was disposed on first hearing.
3) While i have already sent her divorce 11 months before FIR.
3) I want fight it on chargesheet of FIR itself so that the chargesheet is not framed as it has been filed under pressure by the concerned SHO, even the CPO of the court has written in one corresponds letter to SHO that the case will prove fetal for procecution as neither proper reason for delay has been given nor they have produced any voucher of belongs even after 2 months of FIR. This document has by default came in my papers which was provided to us in court.
4) On one hand she has filled RCR & on other part she is saying mental torture.
5) FIR after 1 & 1/2 year.
Raj Kumar Makkad
(Expert) 01 October 2011
Your all questions raised above have already been replied by senior experts. There is no chance of quashing of FIR at this stage. As you pointed out various flaws in the prosecution case, all these shall be beneficial for you and you shall come out with colours once evidence is closed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 October 2011
In criminal cases pl keep cool and just assail the evidence of the opponent, you will win. The law is gender biased so nothing can be done.
Incidentally the Honble SC on 9th Sep 2011 has issued stringent guidelines for procedure and validity WHILE issuing Non bailable warrants ( NBW ) in criminal complaints which is more relevant for accused in criminal cases. For original copy of the said judgment pl send me your email at firmaction@gmail.com
