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Samir Varma (BDM)     16 November 2012

What to do next???

Dear Members,

I need sincere guidance on my case which is briefed below:-

In August 2012, i filed a divorce case on grounds of adultry and cruelty at family court in Meerut, U.P. I have sufficient evidences to prove the same.

My wife stays at Ahmedabad and is working as well. She never intented to leave that city as she was going around with somebody who is also married. Since Aug 2012 i am working and living in Delhi and she is at Ahmedabad

In Sept 2012 she filed a FIR on me and my parents on IPC sections 498 b, 323, 294, 114 and dowry 3(7) all together in a same report. She and her lover both have been served summon for my case before she filed this FIR but they have not appeared in court at meerut so far

In Nobember gujarat police arrested me in Delhi and took to Ahmedabad and i got a bail in court based on the facts that i did already filed a divorce case about one month earlier than she made this FIR. My parents also lives in U.P and is now seeking an anticipatory bail from Gujarat High Court. They have hardly visited her at Ahmedabad since marriage

Later on I came to know this is done purposely to haress me and my parents so that i can withdraw my divorce case as her lover is also a party in my case. I have now filed 497 against her lover which is in line with my divorce case.

At this point of time i believe i have nothing to loose and i am ready for anything due to come but at the same time looking to take some fruitful actions.

I have no kid from this said marriage, got married about 3 yrs back. i filed a divorce case in meerut because marriage took place there and is also registered in family court meerut. U.P

How do i proceed to quash this false FIR registered at ahmedabad police station from her against me and my parents.

Please Guide.



 1 Replies

Tajobsindia (Senior Partner )     16 November 2012

Observations:
A
. S. 498b IPC is yet to be enacted where Husbands can get chance to file against their wife. Hence mentioning "b" after Sec. 498 here is printers devils mistake so it seems to me !

B. BTW, how on earth she managed roping you / your family into S. 294 IPC did that happen during missing you in Sept. 2012 dandiya dance !!!!

Remedy:-
Well above being material facts here are the golden rule as laid by Hon'ble Apex Court on when to go for quash of S. 498a IPC and set the motion in consultation with your local criminal side practicing Advocate for the needful asked;

Here are the conditions under which an FIR can be quashed as explained in Ref.: Sundar Babu Vs. State Of Tamil Nadu in CRIMINAL APPEAL NO. 773 OF 2003 https://indiankanoon.org/doc/1091787/


1
. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.


2
Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.


3.
 Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.


4
. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the Code.


5
. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.


6
. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.


7
. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.


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