Mahesh (abc) 12 May 2012

Quashing of fir

Hello all,

498a has been filed aginst me and my sister by my wife. It has been 2 months since it has been filed. I had taken anticipatory bail whose execution was refused by the police on the pretext of impounding of passports. Later we took a regular bail for the same. He is harassing me by sending letters to office asking for attendance reports and things like that.

Police is calling us also for investigation. Is it a good idea to go without a lawyer to meet the police after FIR is filed. Police people are against us because we are not interested in paying any money.

No chargesheet has been filed yet. We are trying to understand what is the best thing to do now. Is it a good idea to have the FIR quashed immediately before charge sheet is filed. Will the courts allow that to happen. My sister never stayed with us, nor she has had any kind of contact with my wife. Can I apply for her quashing atleast. Is it a good step to take. Some of the 498a victims were suggesting that we should file for quashing immediately before chargesheet is filed. Since the police is calling for investigation I am worried that they might file the charge sheet, so I want to apply for quashing if that is the right thing to do.

Can experts please suggest what is the best thing to do.

Thanks in advance for your time.

Regards,

Mahesh

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3 Replies

N.K.Assumi (Advocate) 12 May 2012

Not only High Court under 482 CrPC, but even Magistrate can discharge you, if you can make out a case at any stage of the trial that the charges against you is groundless and the complaint does not disclose the commission of a cognizable offence. To avail the benefit of discharfging you by the court, you must satisfy the Court that from the admitted facts and the documents relied upon by your wife does not disclose commission of any offence. Thus, it is for you to help yourself by refuting the evidence of your wife. You have been granted bail by the Court and police cannot ignore the Bail Order of the Court. Moreover, police can not impound your passport so no need to worry, but co-operate with police investigations.

Guest (Guest) 12 May 2012

Quashing depends upon the contents of the FIR and the relevant material which the accused adduces in his favour. The High Court does quash the FIR in relation to the other members of the family if it is manifest that they were not in the matrimonial house, and have been arrayed only for harassment. As regards the husband, there is a huge onus on his shoulders to show that the allegations in the FIR are false.

The stage to seek quashing is before the filing of the chargesheet. Once the chargesheet is filed, the HC would be all the more reluctant to quash it unless the same is shown to be patently mala fide.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh