Seeking urgent help in matter relating false 498a,313 ipc
Querist :
Anonymous
(Querist) 15 November 2020
This query is : Resolved
I have filled RCR on July 2018 & withdrawn on May 2019 due to her father is Sr advocate & influencing my lawyers & court staffs.
After that she complaint at women PS & after Women PS counselling, they Filled false FIR u/s 498a,313 IPC 34, 3&4 DP against A1(me),A2,A3,A4 (Sisters & Mother). Mother & sister remanded. We all got bails.
Can you please assist me on the below queries:
1 What are the factors to get FIR quash 498a, 313 IPC in High courts
2 Is there any history in india that FIR quash happen against women in family matter ?
3 Is there any chance to get quash the FIR with 313 ipc (miscarraige) false case against Housband,mothere,sisters
313 ipc Facts:
a) FIR lodged delay for 10 months
b) no date, no place of crime in FIR
c) After 10 months of crime ,medical examination conducted that miscarriage happened
d)The month of crime happened, My (A1) mobile tower location (Call data) showing in different state ( 200 KM far away ).
4 My wife's father is Sr advocate & state level political leader influencing the local police & advocates, other court staff to get win the case.
In this case can I file WRIT petition to transfer the whole case to another district & another WRIT to handover the whole investigation to another investigation teams like CIT/CID.
If so can we get win this case?
Isaac Gabriel
(Expert) 15 November 2020
There seems contradictions in issues.Better quash petition in HC.
P. Venu
(Expert) 16 November 2020
What is the present stage of the case? have you been summoned for trial?
Rajendra K Goyal
(Expert) 17 November 2020
It would be better to proceed with the case.
At this stage quash and transfer of case to other district would be difficult.
You can not prove that court is under any influence.
Can engage some other senior lawyer.
