Grounds for quashing of fir under section 498a
Querist :
Anonymous
(Querist) 02 April 2019
This query is : Resolved
Hi,
My marriage took place in Jaipur in 2015. Im from Jaipur and my wife is from Bhopal.
After marriage we resided at Delhi for one month and then we relocated to my parents place in Jaipur (lost my job).
My wife left me for parents place multiple times and finally in June 16.
She put all cases on me and my parents in Feb - Mar 2017 including 498A, 125, DV etc after mediation talks failed. We got AB and then normal bail in 498A. She has already got interim maintenance order which Im paying.
Now she appears on all 125 and DV hearings but does not give statement in 498A as I have solid evidences in my support and all her cases are fabricated. Almost 8-9 hearings have happened in 498A and she does not give her statement to move case forward. Also as per my lawyer, the judge being woman she is not issuing warrant to give her statement in court.
Now my question is:
1) After marriage I traveled to Bhopal for one day only to get her back once. (the police fir mentions that date as the start of the dowry seeking and then continuing offence)
2) My parents did not visit Bhopal after marriage even once.
So how does the court in Bhopal get to decide the case when whatever incident she is saying (all hitting, not giving food, asking for dowry) etc happened at Jaipur / Delhi (even marriage happened in Jaipur) and not at Bhopal.
What is the process and fees which I need to incur to get the case quashed if at all this is a fit case for quashing? The high court is at Jabalpur for my case.
Vijay Raj Mahajan
(Expert) 02 April 2019
FIR and criminal complaint case based on the FIR will not be quashed on the ground you want to make as she is living in Bhopal before as well now where the alleged dowry was demanded, not necessarily by personal visit hence cruelty inflicted under section 498a IPC henceforth Bhopal police station has jurisdiction to register and get the matter prosecuted in the Magistrate court in Bhopal.
Only ground for quashing FIR is if you both compromise. By compromise it means, pay her good amount of compensation and go for divorce by mutual consent, this is the language that any High Court understand for quashing FIR u/s498a IPC matters. If you both agree, everything get resolved.
For this you need a real clever Advocate at your disposal.
Dr J C Vashista
(Expert) 03 April 2019
Resolve your issues with the intervention of counsels of both the parties or elders/relatives/friends and proceed for mutual consent divorce.
Do not scratch your head on the point of jurisdiction at this stage.
