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Anis (Asst. Manager - Sales)     07 May 2013

Quashing of chargesheet in the supreme court of india

Dear Sir,

This has reference to my 498A and 406 r/w 3 4 which as been filed by my wife on me, my parents and younger brother. The FIR was filed 4 months after she left the house. I had sent a notice to my wife to come back and join me but she refused to return and sent a notice to me alleging dowry harassment. All the cases have been filed after 4 months from receiving my notice. The allegations are absurd like giving of hazardous material rolled in a chapati, performing black magic on her, hitting her 2 to 3 times, taunting, asking her to keep the bathroom door open while taking bath, watching serials like crime patrol and threatening her that she would be killed by electric shock etc.

She has taken all the gold jewellery with her but now she is alleging that the gold jewellery is with us and hence Sec.406 has been applied on all four of us. However the list of Streedhan has only my signature on it which shows that the Streedhan was only entrusted to me. All the Streedhan except gold jewellery was handed over to the police and I have a Panchnama for the same which was prepared by the police when they came to recover the Streedhan. The police also searched our house but could not recover any gold jewellery as she had already taken it with her.

There is no date or time of any incident mentioned in the FIR. The chargesheet has been filed in the MM court.

My questions are as follows:-

1) Can I go for quash of chargesheet directly in Supreme Court of India on the basis of delay in filing FIR which is approximatel;y 4 months after she left my house.

2) On the basis that the FIR is filed for seeking revenge as it was filed 4 months after I sent her a notice to join me in my home.

3) Vague allegations like performing of black magic on her by my younger brother.

4) There is no allegation on me except that I slapped her 2 to 3 times.

5) There is no allegation on my  father except that he also hit her 2 to 3 times.

6) She has also alleged that they paid us Rs.2,00,000/-  which we demand to buy house which was given as a personal loan to my father by my father-in-law.

7) There is one more allegation that we were demanding Rs.15,00,000/- from her to repay my home loan amount or buy a new flat.

8) There is no medical report to support the administration of harzardous material to her by us.

There is no other evidence mentioned in the chargesheet.

I want to know whether I can apply for quash of chargesheet directly in The Supreme Court of India as the police has only copy pasted the FIR in the chargesheet.

They only have 2 witness who are the friends of my father-in-law who have given a statement to the police that my father-in-law informed them that we were demanding money from him. So they are indirect witnesses.

Please guide me.

Thanks & Regards,

Anis



Learning

 2 Replies

Sanjeev (Lawyer)     07 May 2013

the quash needs to be filed first in high court and not directly in supreme court. generally the cases are not quashed by high court and the trial needs to be completed in lower court. its in exceptional circumstances that cases get quashed

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     08 May 2013

Dear Anis, Chargesheet has been filed so quashing is not possible. Quashing can be done by High Court and not by supreme court. Your case is very strong and you are on win win situation as described by you. Hear say evidence is no evidence and the witnesses are in your favour don't worry.There are no. of ways for which you have to come to me and discuss personally. I cannot describe on public portal. You can also contact me on my email id or mobile. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

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