poonam 12 June 2017

Quashing of 498a fir

My son got married in India in June 2012. After six days both had left for USA since my son is working in USA since 2007. SThey never visited India thereafter. In November 2014 they had a big fight and my son left the home and reported his action to the police station in USA. The girl visited India in November 2014 to December 2014 . (first time after marriage). But she didn't contact her in-laws during her vist India. In January 2015 she filed for divorce in USA . In March 2015 the father of the girl registed a FIR against me. my husband and my son.(Without girl signature or any statement) Me amd my husband got AB from the trial court. chargsheet has been filed in the court without any investigation. We have appealed in the High Court for quashing.

My qustion is this- 1. can her father registered FIR without her statement or any signature

2. Her matrimonial house is in Delhi but FIR lodged in Panipat.

What about jurisdiction.

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 June 2017

Unlike a civil case, in a criminal case the territorial jurisdiction is not decided on the basis of the place of residence. It is on the basis of the place where the alleged offence occurred.

Section 177 of the Criminal Procedure Code (Cr.P.C.) clearly lays down that every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Section 178 of Cr.P.C. further lays down that (a) when it is uncertain in which of several local areas an offence was committed, or (b) where an offence is committed partly in one local area and partly in another, or (c) where an offence is continuing one, and continues to be committed in more local areas than one, or (d) where it consists of several acts done in different local areas, then such offence may be inquired into or tried by a Court having jurisdiction over any of such local areas.

These are the basic rules with regard to where the FIR for an offence may be registered and where the trial for such an offence may be conducted

Advocate Suneel Moudgil (Advocate) 12 June 2017

Dear Client,

Yes, father of girl can lodge FIR.

There must be some connection of Panipat, as FIR is registered there, if you can make FIR available to me i can clarify such fact.

You and husband got AB, what about your son?

As far as quashing is concerned, there are low chances better to concentrate on trial of the case and try to prove FIR/case false. for further query you can mail me.