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Gaurav (Engineer)     12 December 2013

498a quashing

My wife fabricates myself and my mother in 498A/406/506 Case. I have got AB from panjab and haryana high court and mother has got fron the sessions court Gurgaon.Police has sumiitted the chargesheet and trial is going to begun from 30 Jan 2014.

F.I.R is vague and no specific allegation for dowry harrasment is quantified. 498A ingredients like driving the women to suicide, grave injury, danger to life, limb and health (Either Mental or Physical). harrasment for unlawful dowry demand ( Property and Security) and harrasment for the failure of such unlawful demands are not quantified in the F.I.R. Only taunting for dowry is mentioned which i think doesn¥'t come under the perview of 498A.

I would like to know the possibility of quashing of FIR by the high court and also what would be the consequences if I face the trial.

 

My AB application has attached which contains the FIR. Please go through it and advise wheather I should approach to high court for quashing the FIR.



Learning

 9 Replies

Gaurav (Engineer)     12 December 2013

Following is the F.I.R :

”To the Women Cell Incharge, Gurgaon. Subject: For dowry and thrashing.

My marriage was performed with great pomp and show. My husband is an Engineer. He is employed in a private company. In matrimonial home, there is my husband and mother-in-law. We used to reside in a rented accommodation at Gurgaon Sector 22-B House No. 658 Palam Vihar on 2nd Floor. My parents give everything in my marriage. A week after the marriage my mother-in-law and husband started taunting me that what your parents have given to us. My mother-in-law always used to harass me by giving taunts on the things given by my father. A week after the marriage my mother –in-law started pointing out deficiency in all the things. My mother-in-law is very greedy. My mother-in-law used to say that there are all the things in the dowry. Your parents have given us less dowry. If we have performed marriage somewhere else then we would have got more dowry. She always used to say that I would have asked how many lacs will be spent on the marriage. My mother-in-law taunted me for dowry. Then under her pressure I used to ask my parents to bring dowry and they used to bring also. But my mother-in-law became greedier. She used to say that my parents have neither given cooler nor fan. My mother-in-law used to say my parents has given less gold. They have not given gold rings to me. Less Shagun is given to my son. Roka was done with small amount. We are regretting from this marriage. If we have performed marriage elsewhere then we would have got house and car. She used to taunt me regularly. My mother-in-law used to say that if you have to give less dowry then we would have performed marriage with Rikshaw Puller. I told my mother-in-law and husband that enough is enough and my parents will not give anything to you. Then my husband and mother-in-law said that we would also not give anything to you. 10 months have been passed since my marriage. My parents have become debtor by giving. After some time of the marriage my husband started beating me. My husband used to beat me regularly on behest of my mother–in-law that is why I used to live in apprehension. I used to think that both of them will kill me. My husband used to beat me on instigation of my mother-in-law. My husband is beating me regularly by holding my hairs since last one month. Many times they used to throw me on the floor by pushing (Patak-Patak-Kar). I used to be terrified. Now also I am in terror. All the gold and money of Shagun given till date is in possession of my mother-in-law. I have been forced to live like a beggar by both mother and son. I pray to do justice to me.” Dated 25.8.2012”

Only taunting for dowry is mantioned in the F.I.R and no specific allegation is levelled against me and my mother for unlawful demands of property and security (Money) and also no allegation of physical cruelty (Grave Injury) and harrasment subjected to dowry is mentioned in the FIR.

Can FIR quashed by the high court ?

 

 

 

Sunny (Engineer)     13 December 2013

Dear Gaurav


Same happening with me my wife filed a Domestic Violence against me & my family.

Siddharth (Business)     14 December 2013

You've asked: 

 

Only taunting for dowry is mentioned which i think doesn't come under the perview of 498A.

 

Ans: [Qua Sec 154, Cr.P.C.] FIR is only an Indicative report, as a means of First Information. When trial begins, Your wife's written statement will be taken on record. And, if she gives specific instances of beatings or dowry demands during oral arguments then it will be used as an Evidence against you.

 

I would like to know the possibility of quashing of FIR by the high court

Ans: Not possible, HC bench will never want to interfere during interlocutor's stage. HC can quash cases or FIR only in specific extra ordinary situation, when Accused Applicant is able to prove that Prima facie F.I.R. is invalid (Foreg. a Business Firm fighting cheque bounce case shows that Cheque is fabricated).  Also Leave Petition if be filed today, will only be heard after 30thJan when actual trial has begun. Crl. Leave Petition at this stage is useless.  

 

and also what would be the consequences if I face the trial.

 

Ans: You've already been brought into the gambit of Criminal Case. Now trial will only help you. Things lying ahead you are:

a. If your wife is clever then she might get your bail cancelled by Cr. Appeal saying that you're harrasing her (in form of Affidavit) and AB might be cancelled. You might be sent behind bars, if she convinces police. 

b. If your wife is clever then she might be able to convince Sess. Judge into giving interim monthly compensation. Which could be as high as 50% of salary.

c. If your wife is clever then she might give your asset details to Sess. Judge and he might attach property till finalization of matter.

These three are only during trial. I am assuming that you won't be convicted. 

 

What to do now?

(1) Prepare Evidence:

a. Convince Neighbours (Atleast 2) to vouch for you as to no signs of Physical Harrasment were seen.

b. Prepare a list of your Assets (Before Marriage and After) and present to court to prove that there was no swell in your bank accounts after marriage. 

c. Be ready with Divorce Case File. It's a fact that those who beat their wives don't divorce easily. Those who divorce are ones suffering at hands of wife. 

(2) Turn case into your favour: As for mediation. Prepare a list of Dowry articles and return them. Don't give any cash settlement. If mediation works then good. Else fight the case. 

 

Best of Luck,

Siddharth Legal

 

 

K*I*L*L*E*R (tech)     14 December 2013

Gud advise

Mediation is best way to solve the case as it is done inside hc and both parties bound to it pay money also if u want to come out of this mess


(Guest)

The Supreme Court has laid down several guidelines on the basis of which an FIR can be quashed. Some of them, relevant to your case are:

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(3) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(4) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

You can approach the High Court to quash the FIR on these grounds. However, the Section 482 of CrPC is used sparingly by the Court, so make sure you have a strong case in your favour before you approach the Court for the quashing of the FIR. In case you have to face trial, you should have evidences and witnesses who support your defense.

 

Consult an expert to effectively guide you through the entire case. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

-Regards

Advocate Pooja

www.lawkonect.com

Gaurav (Engineer)     16 December 2013

If I approach to high court for FIR quashing then my wife will get the lawyer (Prosecutor) from the state or she will have to hire private lawyer on its own.

K*I*L*L*E*R (tech)     16 December 2013

As this case is gaurav vs state and another so state will have its own public procecutor which is towards state and ur wife side and ur wife can hire her own layer also

Sudhir Kumar, Advocate (Advocate)     26 March 2014

you said

"Only taunting for dowry is mentioned which i think doesn¥'t come under the perview of 498A."

 

you never said whether this allegation is true or not.

Sudhir Kumar, Advocate (Advocate)     26 March 2014

you said

"Only taunting for dowry is mentioned which i think doesn¥'t come under the perview of 498A."

 

you never said whether this allegation is true or not.


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