What is chargesheet quash

What is quashing?

Quashing means setting aside of annulment of proceedings by judicial action.

What is quashing of Chargesheet?

It means settling aside or annulment of proceedings eminating out of Chargesheet.

Rest of the question is speculative, as of now you have not even seen the chargesheet, so you don't know whether there is any reasonable chance of it getting quashed or enough chance of getting discharge.

Once you get the Chargesheet, sit with a lawyer you trust and see, which course of action you need to take.

Regards,

I must add that in India, only High Courts can entertain quashing petition.

Regards,

.Hello experts , i am victim of 498A

1)      5 family member 3 are PR of other country including me. 1 is citizen living in same city but separate from me .

2)      Married – 2008

3)      Argument  started on May 2013 between younger brother and wife about her character .

4)      I try to avoid but wife did not obey me. I try to leave home but wife did not come with me.

5)      Wife asked to book ticket , I did it. She left on May 2013 to India

6)      I left the city to avoid any further conflict .

7)      Even i transfer to other city she did not join me.

8)      After 2 month she did not come, so left to city where I came from.

9)      Made many calls to convince her father to send her but delaying every time.

10)   I came back because my mother is in last stage of cancer so wants to spent some time with her.

11)   I do not want to live where my family lives because future argument , so applied job in other city which is 1700 km away.

12)   Got invitation for trial from company , gave trial and came back they wants me to work for them .

13)   Father went India to pick her up. But they keep delaying the meeting . met them they said to settle me in India , father said for that you

need to ask my son,its his life.

14)   I called But wife not ready to join me , her father told me to live in india , I said I cant even I want to, as I have responsibilities.

15)   Wife provoke me to say something wrong about my brother I did not realize that she is recording everything , I blame my brother for everything just because to save my marriage .

16)   She even started blaming my mother father and elder brother , i blame them to just to convince her to come up here. I still did not realize that she is recording everything.

17)    After 5 months my wife left house,  I went India to pick her up, I did text from airport that I will take you from there.

18)   I reach there and stay in hotel as her relatives living near my home and wife and father would not like if I meet them so to avoid them I stay in hotel.

19)   Next day I went to her town by car talk to her father they said to settle in India , I said I have responsibilities , they ask me to give financial support  but i  say NO.

20)   I stay night with her , next day I left for my city , she ask me to stay here but I said I will come later.

21)   I stay 4 days in hotel and call her to convince her but no use , and finally I talk to her father that I can not settle in India .

22)   Very next day on end of OCT.2013 they filed FIR , 498A

23)   Wife came to hotel with police to get me arrest.

24)   I got bail next day on condition of passport deposit.

25)   Charge sheet filed 30 December 2013, only our statement in charge sheet nothing else .

26)   After 2 months I got passport back , I went abroad on JAN 2014 and came back in time ,court gave another 7 months.

Now my question

1)       Do you expert find this case can be quashed ?  

2)      Wife filed case after 5 months of separation.  

3)      on what ground my father get his passport back so he can join us ?

# I got my PPT on livelihood and my sick mother .

4)      Do I need to disclose all proof before court in quash ?

I have proof of I am in contact with her and have  happy life

5)      Do wife disclose all proof before court during quash ?

6)      How to approach this quash ? any tips and tricks

7)      If cant quash this time can try again ?

8)      What type of proof do need to give before the court to make my side stronger ?

9)      I think they did it well planned .

10)   Does this quash in high court as same as in trial court , like wife deposit all proof against me and family ? then need to give proof of my innocence . so this way we can counter them.

11)   We pay fees of 60K for her driving and 6 month beautician course and English course.

any advice will save my family please experts give me some advice so I can get out of this false case .,

@ Hilton,

This case can be easily quashed but no lawyer will do so. If you give your case to any lawyer then they will prolongage it. Most of the lawyers are corrupted.You have to do it in-person (Without lawyer)

Please don't listen the words of these lawyers.They know how to create the problem rather resolved the problem because their income is from your problem.
 

1) Apply for speedy trial (CrPC 483 read with Article 227) first and get the order submit it in the trail court. Top priority.

2) File wirt petition (Article 226) with all circumstantial evidences (List of dates and events) and other evidences with CrPC 482 and Indian Evidence Act 1982. Please make the State and your wife as opposite parties. Prey for quashing and prey for appropriate direction to be given to the state to take action against your wife.

Please read each of my posts carefully in the following links for sample petitions and other clues: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U-X7CqOm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=2#.U-XyG6Om9dg

Dear Rocky Smith,

Thank you very much for the early reply , I have one more question that since we did not take single penny from them.

they tried to give us Rs.15000 at the time of marriage but we did not took anything (its happened in front of so many people )as my family totally

against dowry as we come from very reputed  family and all well settled.EVEN I SPEND MONEY ON THEM

AS HIS BROTHER WANTS TO GO UK I PREPARED HIS FILE SO I SPEND 5K FOR THIS , I HAVE SEND

LOTS OF GIFT TO HIM , EVEN SEND HER MEDICINE WHICH COST ME EVREY TIME 5K, I HAVE PROOF .

ACCORDING TO THIS DETAIL , CAN  IT MADE CASE OF 498A IN FIRST PLACE  ?

THEY DID NOT HAVE ANY PROOF FOR THAT ,AS I DID NOT TAKE ANYTHING.

PLEASE EXPERTS I NEED YOUR FEEDBACK .

ANY INPUT WILL BE HELPFUL .

Dear Hilton,

Please apply for Speedy Trial in HC first and get the order of 6 months time frame of 498A proceeding, then state all available arguments and documentary evidences you have in the evidence stage. Also please file perjury as a counter case in the same court where 498A is going on.

Please take speedy trial as top priority.

Dear Hillton,

I better not comment on what Rocky Smith has said, what he is saying are two totally different things, on one hand he is saying that you go for speedy trial, that means that the evidence be taken on an urgent basis and then he is saying go for quashing, which mean no trial. If only wishes were horses.

I would try to answer your questions to the best of my understanding

1)       Do you expert find this case can be quashed ?  

Quashing happens on legal grounds only, regardless of how many evidences you may have, evidence is not taken during quash petition. Only the material collected by the Prosecution has to be relied upon while arguing your case. Whether your case can be quashed or not, can be ascertained when one studies your chargesheet.

2)      Wife filed case after 5 months of separation.  

She would have to explain the delay. Delay in itself is not fatal for this case, as she would have filed the case till 3 years from the date of last alleged incident as per provisions of CrPC 468/

3)      on what ground my father get his passport back so he can join us ?

# I got my PPT on livelihood and my sick mother .

Generally trial courts do impound passports, but moving up in court, you can get it back on the grounds of ill health of your mother.

4)      Do I need to disclose all proof before court in quash ?

I have proof of I am in contact with her and have  happy life

See Point no. 1. Evidence is not taken in quash.

5)      Do wife disclose all proof before court during quash ?

All her proofs would anyways be part of Chargesheet, she can not add any other evidence at a later stage.

6)      How to approach this quash ? any tips and tricks

First see a seasoned lawyer with complete documentation.

7)      If cant quash this time can try again ?

You can not on same grounds. 

8)      What type of proof do need to give before the court to make my side stronger ?

At which stage? Also, it would depend on what kind of story prosecution brings in. 

9)      I think they did it well planned .

Maybe

10)   Does this quash in high court as same as in trial court , like wife deposit all proof against me and family ? then need to give proof of my innocence . so this way we can counter them.

Quashing happens in High Court and Supreme Court only. It is for the prosecution to prove the case. You need not put/ disclose the defence till Prosecution evidence is completed.

11)   We pay fees of 60K for her driving and 6 month beautician course and English course.

This would show your good conduct. 

Regards,

MANY THANKS TO SHONEEJI AND ROCK SMITH . 

I have question for Shoneeji.

they tried to give us Rs.15000 at the time of marriage but we did not took anything (its happened in front of so many people )as my family totally

against dowry,and we come from very reputed  family and all well settled.EVEN I SPEND MONEY ON THEM.

HIS BROTHER WANTS TO GO UK I PREPARED HIS FILE SO I SPEND 5K FOR THIS ,

I HAVE SEND

LOTS OF GIFT TO HIM ,EVEN SEND HER MEDICINE WHICH COST ME EVERY TIME 5K, I HAVE PROOF .

ACCORDING TO THIS DETAIL , CAN  IT attract   498A IN FIRST PLACE  ?

as far i know, 498a mean any cruelty on women for dowry attract 498 A right ?

Does the recording over the phone is take as evidence ? i told this crap just save my marriage . 

Can we take statement from our neighbors for our good conduct ? in india and abroad ?

 MY BROTHER WHO IS CITIZEN OF OTHER COUNTRY CAN BE TRIED UNDER INDIAN COURT ? HE IS LIVING FAR AWAY FROM ME .

MY WIFE IS PR OF OTHER COUNTRY AND ELIGIBLE FOR GOVERNMENT WELFARE IN CASE OF NO JOBS , CAN I USE THIS POINT IN 125 .? CAN SHE STILL GET maintenance ?

CAN SHE GET SHARE IN MY FATHER'S PROPERTY ? THERE IS NO PROPERTY IN MY NAME IN INDIA . HOW CAN I STOP HER TO GET SHARE IN MY FATHER'S PROPERTY ?

we are not going to quash FIR or Charge sheet , we just quashing  A2 A3 A4 and A5. i and my brother still be there in FIR

We do not have any problem with each other and they do not have any proof of TAKING DOWRY as i TOOK nothing , as far as my parents concern my father and mother keep her as their  own daughter. all allegation  is on my brother and my father.

THEY DID NOT HAVE ANY PROOF FOR THAT ,AS I DID NOT TAKE ANYTHING.

PLEASE EXPERTS I NEED YOUR FEEDBACK .

ANY INPUT WILL BE HELPFUL .

I just like to rectify the statement with Mr. Kapoor,

Quashing happens on legal grounds only, regardless of how many evidences you may have, evidence is not taken during quash petition. Only the material collected by the Prosecution has to be relied upon while arguing your case. Whether your case can be quashed or not, can be ascertained when one studies your chargesheet.

This statement is not true.

The "legal grounds" on quashing depends on how the quashing has been filed. If Indian Evidence Act is used then evidences are also be taken into consideration along with prima-facies and other grounds.

Another correction is, both speedy trial and quashing can be filed in parallel.

@ Hilton, I have already mentioned various quashing process in my links. Please follow those carefully. I Will answer your rest of the question in the weekend. (I am very busy in my job, Thank for your understanding).

I would love to stand corrected Rocky, can you give me some judicial decisions of quashing where evidence was taken by High Courts in Quashing.

Regards,

Hillton,

Sadly, it is a cognizable offence, which means that the statement of the complainant is enough for starting of the prosecution.

Hence, your queries have to be seen in this light. Show your complete file to a competent lawyer, or second opinion, if you are not satisfied with the opinion provided by your present lawyer.

Regards,

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1512 OF 2010

Rocky,

This is very famous judgment, but no evidence is taken by the court in this judgment.  It is purely quashed on legal grounds.

Thank you very much both for time and valuable advice .