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Ambycabin   15 September 2016

FIR_QUASHING_498a

I have obtained a copy of complaint that my wife have filed in Woman CAW CELL. Allegations are as below in brief : 1. Mental and physical torture 2. No food was given 3. Allegation of theft on her by me 4. Climate in house was happy and good for sometime initially 5. Demand of money and gold ornaments from her father 6. Name of 15 people have been given in the complaint which are my relatives out of which 11 people have never resided with us in our house and 7 of them have never even met her in person so far. 7. There are no specific thing against specific person mentioned at particular date or time. I have 2 questions in this regard as below : 1. How good chance i stand in this case to quash the FIR from HC?(FIR NOT FILED YET BUT WILL BE FILED AFTER RECOMMENDATION OF CAW CELL) 2. Can police change the allegations while filing FIR so that chargesheet has such allegations which can not be quashed? OR They will have to maintain same allegations as in CAW complaint.


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 3 Replies

Ambycabin   15 September 2016

Thanks Martin for Feedback. Well,I checked few judgements on court website in which my lawyers have quashed FIR's. So fingers crossed for his skills. But I was checking on the forum more on the grounds of quashing. If the allegations could be considered as baseless here by HC. I read somewhere on internet that "if allegations are of such nature that prima facie no offence is made out against particular person and any prudent person can not imagine an offence can be made out then fir can be quashed by high court. 1. No ransom demanded as of now. 2. I had not taken dowry

Ambycabin   15 September 2016

Thanks Autohide for a very straight and clear reply as always! Sorry I didnot understand one comment of yours: "police will not file chargesheet" I seen on some forum that Police are instructed to file Chargesheet in 14 days in 498a matters by SC

Ambycabin   15 September 2016

Martin and Autohide, Can you please explain what is Counter 498a?

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