if a girl never stayed with her inlaws , and after staying with her husband came back to her parents for the reasons that her parents are depending on her earning , after that her husband went abroad and offered to her to come with him , and after two years of staying with her parents she never came to her inlaws or husband , now filling f.i.r that she was cheated by husband and inlaws and asking for dowery , how all should tackle the case and how should move forward to quash the f.ir
well Nishant, remedy under S.482 of Cr.P.C for quashing of FIR is an extraordinary remedy.
u must understand quashing petition lies before the High Court and in such kind of petition the High Court can not appreciate evidence or look into merits of the case, rather the high court will quash the FIR only if there is an abuse of process of law or the prosecution itself is malafide.
but if the facts are required to be proved by way of evidence then high court will not interfere.
however there are numerous latest judgments by SC where the FIR under S. 498-A can be quashed on the basis of compromise.
my advice to u is try to compromise the matter with the wife.
u may take help of some good lawyer or find some lawyer from this portal itself who is practising in ur state.
I am also thankfull to Mr. Kiran and all the respeted Advoates in the discussion , but Sirs I here by want to add that this matter belong to my younger brother , and he is abroad , and in his absene his inlaws are creating problums for us , we all have tried for compromise at our level as some times girl's father is asking money and some times asking to call my brother , important thing is that my brother was not staying with us atleast 4-5 years even before his marriage and after that also he and his wife lived together outstation as he is in the job and was posted at hyderabad , and before going abroad his wife's visa was also issued but she came back to her father's plae due to medical reasons for few days , after that she was expected to go abroad to join my brother there , but after comming back to her father she nither came at our house and nor went to her husband , now saying that we threw her out of our house and lots of baseless aligations against our family and logged a f.i.r against us including my brother . I need more advice that how we all can come out of it as our parents and me have nothing to do with this case.
One more advice i need that is there any notification of supremecourt that the case of 498a should be registered only on husband and his parents so that at least we can save other members of family on this ground and can fight for the remaining ones to bring them out of this.
Once again thanks to all the respected members who are participating in this disussion.
From your message you can try following options. Experts may give more suggestions.
1. If your family members already got bail then ask police to file report to the court (it may be charge sheet or 'mistake of facts' report). At this level police may remove few family members from the report.
2. Take that charge sheet and go for 'charge sheet quash' in HC. Entire charge sheet may be quashed on merit or atleast few members will be discharged.
3. Use those discharged members to file defamation case and other cases (your lawyer may help) against your opponent. Then let the opponent to eat the fruits of their false complaint.
4. Hire good lawyer to fight in the lower court to disprove the charges on remaining persons.
5. Answer for your final question: There are several guidelines, circulars related to IPC498A and DP cases have been issued by SC and HCs. Nobody respect those orders, especially police and lower courts. All business. Only option is wisely "FIGHT FOR JUSTICE".
6. Importantly never think about compromise unless you think you committed wrong. Compromising with a criminal is against our "Holy Indian Justice System" . Moreover you will have to face the consequence (for instance later may be 304B). Fight for justice until you win.
7. Help the society to remove the "False 498A Weeds". Never encourage those law abusers by compromise. This may cause some temporary pain in your family but eventually you will enjoy the real freedom and save the future society from the "WEEDS".
Mr. Kiran Kumar's 'advice' personifies the typical, cowardly response to extortion and blackmail. It is catalytic to fattening the coffers of those miscreants in authority entrusted with almost absolute power over the common person. Certainly, even the ‘Law’ provides ‘short cuts’ that circumvent ethics and expection of fair play, or as Mr. Kiran Kumar euphemistically phrases it, “numerous latest judgments by SC where the FIR under S. 498-A can be quashed on the basis of compromise”. Wah-Saab-Wah! But in my books, a “compromise” is tantamount to an admission of guilt. Let your conscience be your guide. But keep in mind, it was not a spineless response to Imperial Tyranny that freed our country, and it will not be a timid, pacifist, spineless, ‘grab your ankles’ response to extortion that will one day free our courts from such treasonous corruption.
Mr. Kiran Kumar: With due respect, Sir, isn’t it high time that all self-respecting lawyers became frustrated with the ‘under the table’ workings of the Courts (just as I am)? Or are you of the opinion that, as Officers of the Court, lawyers should also compromise their ethics to conform to the crooked status quo? Bear in mind, it is Lawyers that make up the Court: Lawyers with a capacity to distinguish between Right and Wrong – exercising a choice to act upon conscientiousness or flush scruples down the commode!
Legal Ethics is taught in Law Schools (if you remember) – BUT INTEGRITY EMANATES FROM WITHIN! Many possess it. Few practise it. And, lacking a rational response, a sparse sprinkling of subdued supporters of the corrupt, pustular, festering aspects of our (in)Justice System are quick to synonymize Integrity to ‘logically defunct’/’ignorant of the law’/ ‘frustrated mind’/’senseless’, etc.
Your labeling appears to be arbitrary and has less merit than the wailing of a disillusioned housewife who got cheated at the market – and even less credibility.
I’m sorry to have hurt your feelings, but please put your sensitivities aside for the greater good and see the truthfulness and sincerity of my position regarding Officers of the Court buckling over and encouraging corrupt practices tantamount to professional misconduct. I encourage you also to check out this Link to see India’s ranking in the World’s scale of Corruption:
See Transparency International’s Policy Position #2/2007 on Judicial Accountability and Discipline: “Indeed, judicial independence is founded on public trust and, to maintain it, judges must uphold the highest standards of integrity and be held accountable to them. Where judges or court personnel are suspected of breaching the public’s trust, fair measures must be in place to detect, investigate and sanction corrupt practices”.
Please spend some time and do a Google Search on “Corruption + India Courts” and you’ll come across scores of similar ‘exposes’: This is NOT News to us or anyone else who had the misfortune of interacting with our courts; certainly not those amongst us that have contributed to the pong! Yet, we have the audacity of feigning respectability and looking the world community in the eyes?
To return to your initial response, there is certainly available the allowance to ‘compromise’, if you admit to some degree of culpability and/or as a last possible avenue of weaseling out thereby diluting your values. There’s also an old adage, “If you can’t beat ‘em, join ‘em”. But if I was to condescend to this, I will have turned traitor to all my other colleagues who’ve demonstrated courage and integrity in their personal and professional response to an available route within our Justice System that remains deliberately oblivious to opportunism and the hidden costs indigenous to “compromise”.
Of course, to you, Mr. Kiran Kumar, my comments may appear ‘senseless’ as the ranting of a ‘logically defunct person’ who ‘doesn’t know the law or the interpretation of law’. What qualifies you to make that assessment, Professor? Long years of comedic experience in some obscure Kangaroo court? Just curious. ;-)
I think Kiran jee is taking it personally. my friend this is forum
and everyone has equal right to say their words. they can't depend on
the mind of others. i think carlisle and Aatma both are right in
principal. Mr. Kiran can you provide some legal aspects where it has
been mentioned that "COMPROMISE" is a ground for
quashing of an FIR. I think owing to compromise made between
two parties the court always has soften his mood and quashed the FIR to
give an opportunity to both the parties either to leave together or to
smoothly away from each other.
i too know, enormous of judgement
where the high court has quashed the FIR on compromise. but my friend
being a lawyer you must read those judgement to reach any conclusion.
forum is for discussion and not for decision of members to each other.
here the point of discussion is very clear, but your reponse is not
very much acceptable to either the writer or many of the learned
it is a matter of debate that you are right or Aatma or Calisile is right. i think both are sentimental.