LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

quick (acc)     28 May 2015

324 ipc quashing

Dear Experts,

any beatings not alleged in the fir, scoldings are alleged in the FIR, charge sheet alleges that all the accused beat with hands now and then, police filed charge sheet for the offence 498a and 3&4 dp act,

majestrate framed charges under section 498a and 324 IPC (as all the accused beat the complainant)

can i go for a quash regard this



Learning

 4 Replies

advprasad9028707127   28 May 2015

Now u can not go for quashing of FIR as investigation completed, final report and charge framed. Now matter will be listed for program i.e. for prosecution evidence. Now you have to face trial. Ur Approach to HC for quishing of proceeding before lower court will loss of money nothing else.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 May 2015

Sir, 

 

Share the FIR and Chargesheet before you want any suggestion .

 

Warm Regards 

Kapil Chandna Adv 

9899011450

Sudhir Kumar, Advocate (Advocate)     28 May 2015

repeated                            

quick (acc)     28 May 2015

 

My wife filed a complaint 498a , 3&4 dp act, 

Allegations in the fir are, alliance was happened to A1 and LW1 as A1 and his family are native of place (a) in the year 2000 Gave some amount and gold towards as sridhan (didnt specifically mentioned given to husband or herself by her parents), in the year 2000, after marriage couple left to other state from the inlaws house(a) of the complainant, and residing seperately from the in-laws house(a), 4 years back ( year 2003)  shifted to some other place(b) for doing business, not inlaws place. since 2 years from the complaint A1 addicted to bad vices and ill treated the complainat physically and mentally for more money, Since 1 year A1 developed illegal intimicay with another lady and harassed LW1 mentally and physically for want of more money LW1 brought the same to the notice of A2,A3 & A4 they deaf hear and instead of contending they also supported A1, scolded her  and threatened that they will perform another marriage to A1 with the said lady, if she doesnt bring the amounts.

Police filed charge sheet that all the A1 to A4 are residents of place (C) offense took place at place (B) , dowry given to A1 at the time of marriage, 4 years back from the complaint (Year 2007)they came to place (b) for doing business, since 2 years from the complaint A1 addicted to bad vices and ill treated the complainat physically and mentally for more money, Since 1 year A1 developed illegal intimicay with another lady and harassed LW1 mentally and physically for want of more money LW1 brought the same to the notice of A2,A3 & A4 they deaf hear and they also harassed her for want of more money, they even beat with hands now and then hence the charge, all are liable to punish under the sections 498a and 3&4 of D.P.Act the above charges are taken into cognigence 

Year 2008 A2 to A4 approached for quash, The High court allowed partially to file a discharge in the lower court, The lower court rejected the discharge as A1 to A4 scolded her when she bought the notice of illegal intimacy of A1 instead they supported A1 and scolded her and threatened that they will perform 2nd mariage to A1,there is a prima facia hence discharge rejected, A2 to A4 filed for revision, mean while the trial court framed charges without giving a chance for revision and after the framing of charges in a week days time A2 to A4 got stay in the proceedings from the revision court, and still pending,

Charges framed are 498a and 324 ipc 

The allegations framed and examintaion under section 239 CRPC

 Q.No1 Have u recieved copies

 Q.no 2 dowry given to A1 at the time of marriage, 4 years back from the complaint (Year 2007)they came to place (b) for doing business, since 2 years from the complaint A1 addicted to bad vices and ill treated the complainat physically and mentally for more money, Since 1 year A1 developed illegal intimicay with another lady and harassed LW1 mentally and physically for want of more money LW1 brought the same to the notice of A2,A3 & A4 they deaf hear and they also harassed her by mentally & physically for want of more money, police rgistereda case against u wat do u say

Q.No3.  Charge under 498a and 324 Ipc was read over in telugu do u plead guilty

Judge XXXXX CMM COURT XXXX

Firstly

That you accused A1 to A4 are prior to staying in place (c) A1 being the husband of LW1 used to harass her mentally and physically by  suspecting her fidelity and also demanded to bring more money from her parents and necked out her from the house and there by u committed an offence punishable u/s 498a ipc and with my cognizance

FINALLY

That you the  A1 to A4 beat LW1 there by u committed an offence u/s 324 ipc and within my cognizance

 

And I hereby direct that you be tried on the said charge dated xxxxxx 

MY QUERY IS The allegations mentioned in the charges framed are not there in FIR or the Charge sheet A1 and his family suspected the fidelity of LW1 Necked LW1 out of the house,

The complaint never disclosed that the accused beat her with hands in  the FIR, but in the charge sheet police alleged all the accused beat with hands now and then

does this allegation attract 324 IPC

And now the point is can A1 go for quash on the grounds that the allegations differ from the complaint and the aplicability of section 324 IPC

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register