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LoneFighter (IT)     17 November 2014

Quash or proceedings

Dear Experts,

We are planning to go for quash of the case filed with allegations of false promise of marriage.

Charge sheet filed with sections 417 420.

Honorable advocate advised us to go for quash: My query is

--> Should we submit the evidence to disprove her statements that were in FIR and chargesheet.

I am somehow not very optimistic with the quash as i read that discretionary power is to be used sparingly. So if we submit proofs to disprove her statements now and if quash wont happen, probably she will make up her stories in cross-examination according to our proofs. << This is my doubt >>

But i read SC guidelines for quash. One point is, if a case is filed wit malafide intentions, to get wrong gains out of the case from accused, then HCs can exercise the option to quash the case. 

We can clearly prove the reason behind the case is pure vengeance or to get gains i.e marriage by showing the case. We have proofs of the complainant sending mails and messages to A1, A2's departments asking them to suspend them. Complainant also abused A1 using swear words. 

Our Advocate did not ask us for anything to submit for quash. 

-->  Cross examination might not be conducted now, since A1 is not in India and he might not want to return to India now. He would want to exercise his visa since he has taken up the job outside to earn money for his sisters education. 


--> Complainant tried to influence the judge by visiting their quarters and requesting judge's wife and giving them wrong info and making them having a wrong pre-notion about the case, which has made the Judge to include A2, A3 names also in the case which were taken off by police after investigation. Clearly no justice would be done in the court in which the case is filed. 


Any advice on above matters is highly appreciated. 

 

Thanks for all the help. 

Thanks,



Learning

 6 Replies

adv.raghavan (Advocate,9444674980)     19 November 2014

You have not narrated the case.

LoneFighter (IT)     20 November 2014

@Raghavan Sir:

Allegations were A1 proposed complainant for marriage and then got physical with her in 2010 at her home when no one around and later continued to get physical even after. Did not agree for marriage later saying that his parents are not  ok with intercaste marriage. 

Truth is: 

No promises were ever made. Cooked up stories like, guy going to girl's house and staying at her place for 3 days, taking her out for movies and different places etc and parents allowing that.

Girl saw matches in 2012 also but never got married since she did not find a proper match. 

Chats were submitted as proofs and no references about marriage promise, Guy and girl were involved in phone chats in 2013 and later in late 2013 she asked for marriage for which guy rejected saying he never proposed for marriage and even if he wants to marry, he cant, since it would create issues with his family. < This is true, because his parents would never agree for inter-caste marriage.> 

Case diary was changed twice . She tried to file a complaint initially in place P1. it ws not accepted since it just mentioned that they were in love and got physical and his parents were not agreeing for marriage. Later Girl made up the story about promise for marriage and stuff to make it a legal case. We have a copy of complaint that was given in P1. 

all the witness, she brought, none of them met Accused never. But they are giving wrong witness that they have seen A1 coming home etc. A1 never visited her town. 

Chats has references of her asking for s** for which the guy rejected. She provoked him at times saying he wont even let her touch him and saying he cant do anything.

Girl messaged in a vulgar tone after filing the case calling him Bastard etc and also sent many mails to guy's office asking them to suspend him and also to A1's mothers office asking them to suspend her as well. Girl filed case with malafide intentions to get him agree for marriage. She has mailed him in a clever tone after filing a case, citing the case and asking him to surrender himself to her demands < not in exact words >

 

By the way, case was filed against A1's parents also. Police gave a clean chit to them, but she objected by filing a petition to include rape sections also and met judge in person and played the 'women are innocent card'.But sections were not included for now. 

According to quashing guidelines by SC, 

 

(V) While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.

7 Where a criminal proceeding is manifestly attended with malafide 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.

Is there a way we can go for quash of proceedings. or is it not advisable. 

adv.raghavan (Advocate,9444674980)     20 November 2014

I tried a same type of case in poonamalle court in chennai, were the case got withdrawn by the complainant in due course. let us pray for the same.

quash is not recommended for A1, if  mother is also included in FIR, you can file quash for her.

LoneFighter (IT)     20 November 2014

@Raghavan Sir: 

 

I guess that guy is really lucky because the girl withdrew the complaint. This women is not like that. She is trying every damn thing on earth to bring him back to india. 

Any suggestins on how to proceed is highly appreciated Sir.

Mom, dad also included claiming that they are not accepting for marriage. and stopping the marriage. But yes, police gave a clean chit. But still objections from girls side etc. not sure if they are still gonna include the names. 

 

Advocate told us the A1's nbw is now just a summons notice. Is that true..!!

Is there a way to get rid of this fake cases in shorter timeframe.

Thanks for all your response Sir.

adv.raghavan (Advocate,9444674980)     21 November 2014

In continuation to my earlier msg, i still persist A1 has to go through trial process,because consensual s*x will not attract 417, 420 IPC,it has to be proved only in trial, but with regards to parents it is different, so you may impress upon the same with your counsel. I wish u all the best.

LoneFighter (IT)     21 November 2014

Thank you very much Sir. Just want to buy some time, so planning for stay now. 

Yes sections are just 417 and 420 now. But the women gave a petition to judge after the chargesheet asking them to include 375, 376, 509.. etc. So I guess judge might want to add those sections also. 

Hoping good to happen. Thanks again for the response.


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