False 498a,307,377,323,504,506,dp3/4
ahmed ali
(Querist) 22 September 2016
This query is : Resolved
Sir,
My wife has gone her maika with her mom on 19july16.She lodge false fir in her home district etawah on 12 aug 2016.She alleged in fir that cerosine oil poured on her body on 4aug2016 to intention to kill her.But she shouted so all neighbours along with her real sister (her sister home is infront of my home)collectet there and rescue her.On 5th aug 2016 I along with my family conveyed her to her home district etawah by tata sumo from fatehpur to etawah 500km.
1..my question is why her real sister not inform to police on same day 4th aug.
2..why she lodges fir on 12 1week delay.
3..why fir lodges in etawah not in fatehpur.is it comes in etawah juridiction.
4..there is no injury no medical..
How to quash this fir because wife is in her mom home since 19 july.She falsely involved 6 member of my family.My mother is 72 year blind lady and my father is 75 year heart patient two times.two sister both are married and not living with me and one brother who r in air force and he is on duty on 4th aug.All neighbour except her real sister and brother in law are saying that there is no any such event on 4th aug.
Can this fir be quashed in high court on the basis of false story and territorial juridiction.
Guest
(Expert) 22 September 2016
Mr. Ahmed Ali,
You should not have expected the experts to be spokespersons of the sister of your wife or police to answer quetions 1 & 2 on their behalf.
About questions 3 & 4, you may please intimate if you have asked your own lawyer or not, if engaged? If not engaged so far, any reason for that?
If you have hired a lawyer, better ask him first and if you get any doubt in his advice, come forward with your real doubt and the reason for not believing your lawyer.
Rajendra K Goyal
(Expert) 22 September 2016
FIR has been lodged, get bail first and these questions need to be raised in your defense.
Engage some senior lawyer in such matters to protect your interest in the court.
ahmed ali
(Querist) 22 September 2016
i want to ask 1 and 2 can be a ground for quashing the fir.because nor she nor her sister inform the police on 4th.
should not be case transferred to police sation where event happened.so in a nut shell can here this fir be quashed or not.Is there ground valid or not.
Devajyoti Barman
(Expert) 22 September 2016
Contradictions in FIR is not enough to quash the case.
Only in case of vague and lame accusation against in laws the court sometimes quash the case.
In your case without seeing the FIR no comment can be made on merit of the quashing case.
Ms.Usha Kapoor
(Expert) 23 September 2016
Try filing section 482 Cr.P.Case in High court to quash the FIR filed on false grounds.
Guest
(Expert) 23 September 2016
Mr. Ahmed Ali,
Use of the word "WHY" did not indicate that you wanted to ask only the ground of 1 and 2 for quashing the fir, rather you asked questions from the experts, "why her real sister not inform to police on same day" and "why she lodges fir on 12 1week delay."
Even your 3rd question was also a vague question, "why fir lodges in etawah not in fatehpur."
I wonder, if you thought that the experts would have known the reasons on behalf of your wife or her family or even the police.
Moreover, neither any of the four questions indicate how you treated the falseness of the offence registered under 498a,307,377,323,504,506,dp3/4, NOR these can be the reasons to get the FIR quashed. You have not quoted any evidence of falseness in your description.
If you want to get the FIR quashed, hire some capable lawyer, discuss the falseness of incidents noted in the FIR with him and file case, as already advised by the experts, provided you have appropriate evidence of falseness of the case.
Raj Kumar Makkad
(Expert) 23 September 2016
I do agree with the wise advice of Ld. experts.
Rajendra K Goyal
(Expert) 23 September 2016
Agree with the advice from expert Devajyoti Barman.
R.K Nanda
(Expert) 23 September 2016
Nothing to add more.
ahmed ali
(Querist) 23 September 2016
wife has been gone her mom home with her mom since 19 july.she never return to my home.Crime date shown 4 aug.
Is not it sufficient to falseness of fir...All neighbours and gram pradhan are saying that wife is not there on that date..and no any event occured on that day.All are ready to say anywhere.In FIR she alleged that she shouted and neighbour rescue her at 9 pm 4th aug.But all neighbour are saying there was not any event on that day.
2...There was a panchayt occured last year to mediate and solve the matter.all the digniteries in village saying that there was not any event on that day.
3...I have informed and threatening of my wife to lodge false cases to higher police officialon march 16,july16, 9 aug, then 12 aug...
Guest
(Expert) 23 September 2016
You have not replied my question about asking your own lawyer, whether did or not and why not, if not?
Further, all depends upon evidence, subject to evidence by other witnesses, as admitted in principle by the judge in pronoucing the judgment.
Rajendra K Goyal
(Expert) 23 September 2016
The matter are of evidence, can be presented at that time in your defense.
Discuss with your lawyer who is well aware of full case file.
P. Venu
(Expert) 24 September 2016
Please post the simple facts devoid of your subjective opinions. Anyhow, if the alleged offence has taken place in your home the cognisance cannot be taken in a different jurisdiction.
