Is quash possible in this case

Querist : Anonymous (Querist) 06 July 2010 This query is : Resolved
Ld counsel,

I am facing criminal trail where charges are already framed u/s 417 and 420 on the allegations that after one week of marrying my wife I made a statement that I married her under pressure from parents and I was in love with another woman before marriage. If this statement was mde prior to marriage my wife would not have married her.

The charge is revolving around the suppression of facts about the my true consent for marriage. To me it appears that the charges are not having the ingredients of sectiosns 420 and 417 since there is no dishonest intenstion to induce her to marry and there is no damage or harm to her body mind or reputation and no wronful loss or gain of property.

The prosecution story stands on the assumption that there is no possbile re-union between my wife and myself. Is this assumption a just assumption and forms a part of question of fact during the trail.

The fact is the case was institued wit han intention to harass to submit to the demands for money and for annulment of marriage. I have materials to prove that criminal complaint was tampered by police and there is malafide involved.

Can I approach highcourt for quashing the proceedings even after charges are framed and witnesses are being examined.

Kindly give your expert opinion so that I take the right course of action.

Thanks

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adv. rajeev ( rajoo ) (Expert) 06 July 2010
417 and 420 are entirely different ingredients, these are no way concerned with your case, so you can move a high court for quashing.

Raj Kumar Makkad (Expert) 06 July 2010
In the given facts, the best remedy is to approach approach High court for quashing FIR wrongly lodged.

Devajyoti Barman (Expert) 06 July 2010
If there is wrong or error apparent on the face of the FIR then quashing is the good option. However the FIR is to be looked into first as that is the only determining factor for quashing.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 July 2010
The story is not plausible in real life.

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