My wife has filed a bogus case against me under section 498A, 34, 3/4, 341,323, 504, 506 and 307. She maintains in the FIR that I tried to kill her. However in my bail proceedings, the lower court sent the matter to Lok Adalat. In mediation she maintains she wants to come back which has been officially recorded. Can I move the Honourable High court to quash my FIR on these grounds that this is a bogus FIR since she says she wants to come back to my house when she filed an FIR saying I tried to kill her. Also I have other proofs that we had gone for marriage counselling and that she used to take money from my father's office as salary whereas she has accused my family of taking dowry. Will it hold ?
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Hello,
only on the basis of the statement given before the mediator we can not file a quashing petition. We will have to see other grounds that you are referring to. However, you can get other members of family out of the FIR by preferring a quashing petition.
let me know if I can help you in any manner. We have an office in Lucknow.
regards
If there is settlement arrived at between the parties you can file petition for quashing of FIR
The statements given either in writing or oral before lok adalat mediation session are not considered as admissible evidence.
In order to somehow manage the situation she might have given a false assurance but that will not count nor can be taken as false allegations.
Besides the high courts generally do not entertain quash of FIR.
The FIR will contain minimum information only.
The charge sheet filed before court after proper investigation can be considered as a document containing the facts and on that basis you may file the quash petition provided you find a loophole in the charges framed.
Dear client, you file an application to the High court for quashing of FIR under 482 on these following grounds: lack of evidence, false implication, settlement between parties, and absence of a prima facie case.
In your case you have mentioned that your wife is ready to comback which can be regarded as settelement between parties and the court can quash the FIR.
Yes go head on the proceeding in hc 482 crpc
Filing quash application wont be bad.
- If there is written mediation order where it is mentioned that she wanted to come back , then this matter is fit for quash
- You can approach the High Court for quashing the FIR lodged by her
- However, if the charge sheet has not filed by the police, then there is least chances of quash.
Yes, good case for you to proceed to the HC and file a quashing petition, because if you would have actually tried to kill her, in no way she would have stated on oath that she wants to join you again. Her statement given in mediation, is going to help you in the HC.
Yes you can move the court for quashing on above grounds
