Quash in 498a
Jitesh Babel
(Querist) 10 June 2022
This query is : Resolved
Me and my wife were married in 2015 and living separately since 2016. In 2017, she had filed false cases in Bhopal in 498A, DV etc. Sec 125 maintenance is finalized and I'm paying it.
In 498A, we are in the trial stage and my wife's statement and cross are completed. Till now its pretty much clear that she is to lose as stories are different in compliant, FIR and now in her statement and cross.
- No medical evidences produced.
- No clear dates of incidents and no details of incidents provided.
- She agreed to a phone call between her father and my relative confirming that no dowry was taken.
- All timelines in the case are mismatched.
She has just said basic remarks - maarte the, dahej maangte the, saas ne dhakka diya, saas sasur husband dahej maagte the, etc etc
no specific allegations backed by dates and evidences of same.
Now in such a case under trial, I wish to go for quashing for my parents or entire case.
My queries:
1) Can I go for quashing against my parents or entire case now as only bogus stories are there and no evidences are produced in trial till now. The case is devoid of any medical records, any timeline, no specific incident dates.
3) The case is lodged in bhopal from date I visited bhopal after marriage once and parents did not visit bhopal even once till case was filed. So doesn't the jurisdiction lies in jaipur and not in bhopal? Can parents get quashing done on these ground.
P. Venu
(Expert) 10 June 2022
Quashing is possible only if the charge report, taken as a whole and accepted in its entirety, does not disclose the offence as alleged. The alleged paucity of evidence as being adduced during the trial is not all a ground to approach the High Court under Section 482 CrPC to get the case quashed.
Dr J C Vashista
(Expert) 11 June 2022
Q 1) "Can I go for quashing against my parents or entire case now as only bogus stories are there and no evidences are produced in trial till now. The case is devoid of any medical records, any timeline, no specific incident dates. "
A. When the case is taking a turn towards dismissal / acquittal on its merits as stated by you that in terms of chief and cross-examination of complainant wife, why do you intend to move and get the FIR quashed by High Court?
What is the opinion of the lawyer engaged by you ?
Why do you need second opinion / advise / obligation of experts on this platform on the basis of limited facts posted by you ?
Q 2. "The case is lodged in bhopal from date I visited bhopal after marriage once and parents did not visit bhopal even once till case was filed. So doesn't the jurisdiction lies in jaipur and not in bhopal? Can parents get quashing done on these ground. "
A. What is the case filed / registered in Bhopal ?
How Bhopal courts jurisdiction is stated to have "ousted" i.e., Bhopal courts have no jurisdiction ?
Did you / your counsel take objection qua jurisdiction of Bhopal courts ?
Vital facts are missing from facts.
Jitesh Babel
(Querist) 11 June 2022
When the case is taking a turn towards dismissal / acquittal on its merits as stated by you that in terms of chief and cross-examination of complainant wife, why do you intend to move and get the FIR quashed by High Court? To expedite the case and chance of filing counter case for defamation on wife. They just want to extort a sum for divorce which im unable to give even if I sell everything.
What is the opinion of the lawyer engaged by you ? he is unclear and wants to take up through trial
Why do you need second opinion / advise / obligation of experts on this platform on the basis of limited facts posted by you ? Word limit is there else I could post every detail. Since law is dependent on who is practicing it so second opinion or another front in HC can give me some relief and cut short the time involved. My inlaws just want to make my life miserable and extort money out of a dead marriage. I want to know if something is possible to stop our harassment and make my divorce fast as 7 years im suffering from a dead marriage
Jitesh Babel
(Querist) 11 June 2022
Q 2. "The case is lodged in bhopal from date I visited bhopal after marriage once and parents did not visit bhopal even once till case was filed. So doesn't the jurisdiction lies in jaipur and not in bhopal? Can parents get quashing done on these ground. " A. What is the case filed / registered in Bhopal ? 498A and DV case is filed against me and parents
How Bhopal courts jurisdiction is stated to have "ousted" i.e., Bhopal courts have no jurisdiction ? Did you / your counsel take objection qua jurisdiction of Bhopal courts ? My parents have never visited bhopal after engagement. The date which is shown in FIR - that date only I visited bhopal and that date is used by my crooked in laws to show start of dowry allegations. However, parents lived in jaipur all the time and no incident alleged to them happened in bhopal.
I know my lawyer and us also didnt raise this issue earlier and faced so much harassment due to legal procedures as we are simple people. Dont have knowledge of law. If something can be done to stop this harassment of old parents now by high court and put an end to this legal harassment before they die.
Jitesh Babel
(Querist) 11 June 2022
My crooked in laws wont go for mutual divorce as their stupid pagal girl wont get a new person to do fraud marriage. So she is hell bent on delaying cases. naa khud jiyungi naa tumhein jeene dungi... - 6th year running...I know my life is gone but still im hopeful if something can be done to make them pay up for their wrong deeds through defamation cases on them.
KISHAN DUTT KALASKAR
(Expert) 11 June 2022
Dear Sir,
My answers are as follows:
1) Can I go for quashing against my parents or entire case now as only bogus stories are there and no evidences are produced in trial till now.
Ans: Once charges are framed and case is on trial you cannot go for quashing of such case.
2) The case is devoid of any medical records, any timeline, no specific incident dates.
Ans: You have to wait and see the result of that case from the Trial Court and if it is ended in conviction then you have to prefer appeal before the Hon’ble Sessions Court.
3) The case is lodged in bhopal from date I visited bhopal after marriage once and parents did not visit bhopal even once till case was filed. So doesn't the jurisdiction lies in jaipur and not in bhopal? Can parents get quashing done on these ground.
Ans: That stage already over since you should have approached High Court when FIR was lodged or before charges were framed.
Pradipta Nath
(Expert) 12 June 2022
Under 482 the High Courts have inherent power. You can go for quashing if there is merit.
