|Originally posted by : nizam shaikh
||There is false FIR against me in section 498a,313,domestic violence. But case is running in UP uttar pradesh and I live in Mumbai I have full proof to proof my wife wife wrong who made false case against me. since almost it is 3 year case is running but she did not proof anything is that is possible that I can quash that fir from Maharashtra.please help.
It depends on your facts....with just some lines it will not possible to give you guidline......before qaushing you need to keep in mind following----
In order to determine the veracity of a prayer for quashing the criminal proceedings raised by an accused under Section 482 of the CrPC, the following questions have to be analyzed by the High Court:
- Whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the material is of sterling and impeccable quality?
- Whether the material relied upon by the accused is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false?
- Whether the material relied upon by the accused, has not been refuted by the prosecution / complainant; and / or the material is such, that it cannot be justifiably refuted by the prosecution / complainant?
- Whether proceeding with the trial would result in an abuse of process of the court and hence, would not serve the ends of justice?
If the answer to all the questions is in affirmative, the Court should quash the proceedings by exercising its power under Section 482 of CrPC.
Quashing of criminal proceedings in matrimonial cases
Section 498 - A was brought in by the Indian legislature to help the hapless women who were worst victims of their husbands ire. But, of late, there have been innumerable instances of misuse of Section 498 - A. The situation has become so severe that there are dedicated non-government organizations (NGOs) which solely focus on advocating the repeal of Section 498. Also, there have been numerous instances in India, where the courts have criticised the provisions of Section 498 A, decried its use, and prodded the legislature to have a look at the issue.
For instance, the Supreme Court of India observed in the case of Sushil Kumar Sharma v. Union of India (19 July, 2005), The object of the provision is prevention of the dowry menace. But as has been rightly contended by the petitioner many instances have come to light where the complaints are not bona fide and have filed the cases with oblique motive. In such cases acquittal of the accused does not in all cases wipe out the ignomy suffered during and prior to trial. Sometimes adverse media coverage adds to the misery...
The Supreme Court of India has, many a times, held that the proceedings being pursued under Section 498 - A of IPC ought to be quashed if the chances of conviction are very bleak or the case has been filed with ulterior motives (in most cases, the ulterior motive is to settle personal scores).
Hope it will help you lot