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pujols20 (Techie)     26 June 2011

Query on 498A quash

There is a false 498A case filed on Husband and family members.

 

IO has not done any investigation and filed the charge sheet just on the basis of witness statements ( CRPC 161). Allegation related to dowry was retained as it is in Charge sheet. Now if I file an RTI to get the evidences/bills copies from IO, most likely IO would say the charge sheet was done based on the witness statements and without any material proofs.

 

If we get this reply , can we use this to Quash the case directly ?

Thanks !



Learning

 6 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     26 June 2011

Dear Querist,

 

You can do so. even otherwise, you may choose to file quashing petution u/s 482 crpc primarily for reason that cahrgesheet is a mere outcome of 161 statement alone and no evidence at all. (pl confirm the absence of any evidence before you file quashing petition).

Saurabh..V (Law Consultant)     27 June 2011

@Author

 

Your thinking does not gel with the current setup and system, our courts are following. Your petition is more likely to be dismissed in default. There are many cases in which there is no proof at all yet I/O file chargesheet.

 

Chargesheet is "always" filed in consultation with the "Prosecution Deptt" of the concerned District Court. Only upon scrutiny and approval from prosecution deptt., any I/O file the chargesheet. In your case as well, I/O must have filed a chargesheet in consultation with the prosecution deptt. only.

 

So in my considered view, quash petition or RTI might not be fruitful for you. You have to keep faith and patience. If there is no evidence at all, you should directly seek "Discharge" from the concerned court. The judge, may, in his/her discretionary power discharge you due to the absence of evidence. Also if you can show proofs that its a false case then you have stronger chances of getting discharged.

 

All the best!!

 

//peace

/Saurabh..V

himanshu harbola (Comp. Sec.)     27 June 2011

disgareeing with Mr. Gaurav.....go for an quashing of FIR application u/s 482 Cr.P.C as suggested by Nu. Delhi.Law. Faura.....consult a good local advocate and take necessary steps forward...

 

Regards ,

Himanshu

dev kapoor (Honorary Secretary)     27 June 2011

Supreme Court has held among other cases,in AIR 2009 SC 671 " State pof A.P. vs.Bajjoori Kanthaiah and anr" that  FIR cannot be quashed on account insufficiency of material..If however,FIR & statements u/s 161 do not disclose the commission of offence,even prima facie though,High Court can interfere & use exceptional inherent powers u/s 482 to quash FIR or proceedings,as the case may be.Get your FIR & statements u/s 161 examined by an advocate & act on his advice.remember inherent powers u/s.482 Cr.P.C are to be used by the Court very sparingly.

dev kapoor (Honorary Secretary)     27 June 2011

In addition to what i have already said I would like to add that in order to get benfit of s.482 you will have to prove that yours is a 'rarest of rare case."You may howeverseek assistance,if any from the law laid down in AIR 2008 SC 2462,M.Saravana Porselvi vs. A.R.Chandrasekara.

dev kapoor (Honorary Secretary)     27 June 2011

dear Saurabh,

Your reply is legally acceptable only to the extent that the Queriest can seek discharge if there is no evidence collected by the i.o.during investigation.Though I have cited a SC Judgment on quashing of a case u/s 498-A IPC yet I would advise to seek DISCHARGE,if there is no evidence,as suggested by the Author & then file either Revisionor petition u/s 482,if the concerned Court does not register a Dischasrge.The authour has another option open too & that is praying for "further investigation" in terms of s.173(8) Cr.P.C but the best is to try for a Discharge,if he is so sure.

You are a student.Your approach should not be hypothetical.Anyways,well done.Keep up.....Keep up Legal approach,eh !

I however,respectfully differ from Mr.himansu harbola becuase no butter can be had by churning water...unless the author or anyone else succeeds showing that his case is the rarest,HC will not exercise inherent powers.Besides,when an alternative remedy is available (S.227...) HC will abstain from invoking S.482 Cr.p.C.

Good Luck !


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