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nikhil (engineer)     08 March 2011

Quashing of False/ Fake FIR

   Let me introduce myself, I am working as S/W engineer. My father is govt servant, mother is jun college professor brother manager .

             Me & My family (Parents and younger brother) are trapped under false FIR registrered with IPC  406,420,504,506,34.

 

           Everything happened to us without realining what is being happened & the opposite party was girl's family, we faced this first time. So we just went on felling prey to all these things.

 

            After going through this "story like" chargesheet, each advocate/ lega person told that this FIR is quashable, so my Dad approached to high court in DEC,2010. Now the case is in preadmission stage in mumbai high court.

 

   Let me descibe you whole story in detail.

   In Jan 2010, my marriage was fixed with a girl from our community.

   With the initial meetings between parents, my parents realised that the father of Girl was having some wierd kind of nature, kind of arrogance. But we neglacted his behaviour.

 

   After some days of fixing marriage,  from many people a rumour came to us that girl (age 29) was havin past affiars. We became panic and asked girls fatherabout this thing.

     He got very angry, annoyed after this he lost his temper and asked us if we dont want to marry my girl then tell me frankly, he will not be sad. He and his son used bad words. So we avoided to speak more

 

   because of all this incidences, I got panic and decided not to take any risk as this is lifelog relationship, so decided not to marry the girl told girl's family that I dont want to marry as I cant take such risk also I was already irritated by wierd attitude of girl's father.

 

Till this time, neither any rituals nor engagement took place between me and girl.

Only, girl's family had done some marriage related shopping for them.

 

After that, everything was calm for nearly one month, nearly one moth later suddenly we got call from police that they are going to file File FIR agaist us for the charges of DOWRY, CRIMINAL CONSPIRACY, CHEATING!!!!

     As everything was first time for all four of us, we got so much shocked and panicked. We consulted advocated in Pune

 

The Fake Chargesheet against four of us is as follows

 

1. We asked for dowry from girls family, we harrased them for money, We took 75000 rs( even my monthly salary is 60000 rs!!!!!)from them.

 

2. We took the jewllery , clothes purchased for girl with us, pretending that we wanted them to show to our relatives and denied to return it back to them.

YOU MUST BE KNOWING THAT IN HINDUS, GIRLS FAMILY KEEPS ORNAMENTS , CLOTHES WITH THEM, BEFORE MARRIAGE, NOT BOYS FAMILY!!!

 

3. We abused girls family, BEATEN them.

Everything is depicted in chargeshet like a story in storybook, there is no any base for anything

 

There was no any involvement of my younger brother in all this

He intercted with girl's family only once.

 

Later we came to know that, he used top police officer's influence to file this Fake FIR, otherwise it would't be possible.

 

We got bail from SC.

 

All four of us are working , sophisticated people, how can we do such a act for a interest of 1/2 lakhs???,

 

Now days people who commits big helinous crime like rape, murder, big corruption are moving freely on streets and other side inocent people like we are getting harressed unnecessarily

(e.g.You also must be knowing about misuse of section 438 by brides family against boys family. All our laws are in girls favour blindly.)

 

In forum, I came across your blog and hoping that I may get some direction/help in solving our case. I just need a favour from you.

 

Waiting to hear from you.      Please let me know if you need more info

 



Learning

 11 Replies

Kshiteej Anokar (Advocate)     08 March 2011

Dear Friend, Let me explain first that, in such cases FIR could not be quashed. There are no facts and circumstances in the present matter that will help to quash the FIR. Because two facts are established 1) That marriage contract was entered 2) it is broken. Now it is the right of the investigation authority to investigate the matter to find under what circumstances the marriage is broken. The High Court and Supreme Court has no right to interfere in the cource of investigation. Therefore the FIR will not be quashed.

   on the other hand your defence is also very weak, that u came to know the past affair of the girl and u decided not to marry, because by no streach of imagination there could be any evidence by taking the help of which u can prove it before the court. 

1. We asked for dowry from girls family, we harrased them for money, We took 75000 rs( even my monthly salary is 60000 rs!!!!!)from them.

Needs to be proved by investigation and the prosecution has right to adduce the evidence. There fore the allegation could not be quashed.

 

2. We took the jewllery , clothes purchased for girl with us, pretending that we wanted them to show to our relatives and denied to return it back to them.

YOU MUST BE KNOWING THAT IN HINDUS, GIRLS FAMILY KEEPS ORNAMENTS , CLOTHES WITH THEM, BEFORE MARRIAGE, NOT BOYS FAMILY!!!

Dear it is also your gre8 misunderstanding, what is the allegation that u took that property to show your relatives, means it is there say that u breked the usual course, now there is no force in your arguments, and the law has to be explained by mind and not by hearts.

 

3. We abused girls family, BEATEN them.

Everything is depicted in chargeshet like a story in storybook, there is no any base for anything

Such allegations also needs to be proved by adducing the evidence hence, there is no question of the quashing of the FIR. Sorry to say but in fact your application for quashing the FIR will came to be rejected.   

 

Kiran Kumar (Lawyer)     08 March 2011

I agree with Ksh*teej that your case involves certain points which can not be ajudicated in a qashing petition.

 

SC has settled certain guideliness for quashing FIR....keeping in view the facts of your case, it can not be concluded that the FIR was totally an abuse of process of law.

 

I am not saying that your version is false, but the court will have to take into consideration whole set of facts...there will not be any presumption in your favour.

 

we dont know what kind of petition has been drafted by your lawyer, but have faith in him....he must have assessed the whole set of circumstances before filing the petition....hope for the best and keep your lawyer updated on complete facts and developments.

 

Amardeep Srivastava (Senior Law Officer)     08 March 2011

FIR quashing is effective in cases where even if every content of the FIR is taken on its face value, then also no offence is made out.

Sarvesh Kumar Sharma Advocate (Advocacy)     08 March 2011

482 cr.p.c. cab be a remedy but to denie f.i.r. you hv clear reason!

nikhil (engineer)     10 March 2011

Dear Amardeepji,
 
            Today was first hearing day of our quashing case in high court, it is in preadmission stage. As our lawyer said to judge that this is premarital negatiation,
judge said respondednt should be the person who has made complaint against us.
The respondent name is "Govt of maharashtra".
 
Judge said that "Govt of maharashtra". should be replaced with name of compainant in respondednt field, so notice would be sent to him also. Next date given is 23rd March

So can u please guide me what argument will happen on that day, what will be stand of court. As I seen some quashing cases on website, the respondednt name was "Govt of maharashtra" only.
 
Will the justice ask us / compainant any questions? Will he make his defence with the help of his lawyer? As far as i know, in quashing case judge only looks at FIR and Chargesheet whether the charges are genuine or not. Iam not getting why he is called? Is it mandatory for him to be present in court that day?
 
I am bit confused due to this
 
Please guide me, case is still in preadmission stage.

nikhil (engineer)     10 March 2011

Hello Ksh*teej ji,
 
            Today was first hearing day of our quashing case in high court, it is in preadmission stage. As our lawyer said to judge that this is premarital negatiation,
judge said respondednt should be the person who has made complaint against us.
The respondent name is "Govt of maharashtra".
 
Judge said that "Govt of maharashtra". should be replaced with name of compainant in respondednt field, so notice would be sent to him also. Next date given is 23rd March

So can u please guide me what argument will happen on that day, what will be stand of court. As I seen some quashing cases on website, the respondednt name was "Govt of maharashtra" only.
 
Will the justice ask us / compainant any questions? Will he make his defence with the help of his lawyer? As far as i know, in quashing case judge only looks at FIR and Chargesheet whether the charges are genuine or not. Iam not getting why he is called? Is it mandatory for him to be present in court that day?
 
I am bit confused due to this
 
Please guide me, case is still in preadmission stage.

nikhil (engineer)     10 March 2011

Dear Kiranji,
 
            Today was first hearing day of our quashing case in high court, it is in preadmission stage. As our lawyer said to judge that this is premarital negatiation,
judge said respondednt should be the person who has made complaint against us.
The respondent name is "Govt of maharashtra".
 
Judge said that "Govt of maharashtra". should be replaced with name of compainant in respondednt field, so notice would be sent to him also. Next date given is 23rd March

So can u please guide me what argument will happen on that day, what will be stand of court. As I seen some quashing cases on website, the respondednt name was "Govt of maharashtra" only.
 
Will the justice ask us / compainant any questions? Will he make his defence with the help of his lawyer? As far as i know, in quashing case judge only looks at FIR and Chargesheet whether the charges are genuine or not. Iam not getting why he is called? Is it mandatory for him to be present in court that day?
 
I am bit confused due to this
 
Please guide me, case is still in preadmission stage.

prasoon kumar mishra (lawyer)     10 March 2011

You should also file a complaint case against them and police official also for implicating you all in a false case. For advising you better you may call me - 09213316894

sachin (engineer)     11 March 2011

plz cofirm chargheet is filed or not 

nikhil (engineer)     12 March 2011

yes. filed

kokilavani (legal lawyer)     21 October 2012

sir i am kokilavani practicing advocate at salem dt .tamil nadu .my family case is in the court procedeings  before the sankari sub court salem dt tamil nadu my housbend advaocate file a fir against me u/s2949(B) 355, 506(ii) ON 20.9.2009 cr no 820/09 be fore the fir i have given the complaint againest the advocate on17.9.2009 to the bar associasstion sankari he  used unparlimetery words  before the H.M.O.P 43/2006 procedings on17.9.2009 two days back i am go to sankari court my housbend advocate pick quralling with me  give the complaint against me with out enquiry  the police filed the fale fir. then the advocate give the complaint against me before the bar council of tamil nadu take deciplinary action against me  but the hearing time that the advocate  not present before the bar counsil two time  notice issued but the avocate not present so bar counsil dismissed the complaint  now the  criminal case charged in CC.111./12 in the stage summen not issued i am not present before the magistrate court  i approch the high court seeging quash petition with relavent document  my quash petition is allowed are not ? please give the good oppenian.


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