Anon (EFG) 09 March 2012

498a quash

I understand that 498a quash is possible in rarest of rarest cases, but wanted to know if there a chance in the following scenario.

My Father in Law is Principal District Judge and have filed 498a, 307 on all my family members. Local police did investigation for 3 months. As my father in law was not happy with their investigation he used his contacts to transfer the case to CID police. The case was transfer to CID without the court order or on recommendation of government. Its now 8 months charge sheet is not filed yet.

Can I go for quash of FIR saying CID has no authority to invervene without courts permission & nexus of my Father in Law with officials in CID.

Any relevant judgement would help.

Thanks in advance.

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 March 2012

Dear Querist,

Though the fact that the investigation was handed over to CID - would not, by itself, lead to quashing of the FIR - it certainly would put the High Court on guard u/s 482 to ensure that the prosecution is not initated to settle scores and personal vendetta - and influential people trying to spite their opponents by instituting criminal proceedings is a ground for quashing of FIR as laid down in State of Haryana v. Bhajan Lal (1992 SC). However - saying how successful 482 would be, would be a little difficult without perusing the FIR.

Regards,

Bharat

Anon (EFG) 19 March 2012

Is it possible to move directly to Supreme Court for quash (we believe that we have various other grounds) without going to High Court citing FIL might influence the out come. My Father in Law in now Registar of High Court, he know many judges in High Court personally.