Does it helps for quashing

You can put the same as evidence with your application for quashing.

Besides, you can move application under section 340 of Cr.P.C. for intiation of case of purjury (meaning thereby stating wrong facts on affidavit). In addition you can also file complaint with tax authorities for evasion of tax.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

You can plead this in your quashing but I will be surprised if the HC quashes the case on the basis of this fact alone. Such allegations and counter allegations are a matter of trial. Sitting in a jurisdiction under S.482 the HC cannot assume and appropriate to itself the functions of the trial court. The finding in the quash proceedings would be limited to having a prima facie look at the allegations in the FIR. As such, it is not open to the HC to go in the depth of such allegations in quashing.

Even otherwise, how can the factum of her claiming fee reimbursement lead to the presumption that her father's annual income is below 1 lakh.?  There are many arguments her counsel can make to positively rebut this plea in the HC as well as in the trial court.

Litigants knock at the inherent jurisdiction of the HC with huge hopes that the HC will quash the proceedings but 99% of them come out unsuccessful. Their failure can be attributed to two reasons- Either the counsel did not represent the case properly or there was just no case to represent. I wish you taste success.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court