1. These grounds you have mentioned are enough to get the quashing petition admitted only but not for allowing the same.

2. Any denial of incident of falsity of allegations are not enough to get the complaint quashed as the same are subject matter of trial.

3. Only if the bare perusal of the complaint makes the case inherently improbable on non disclosure of any cognizable offence then only quashing is allowed.

4 You can file the case on these grounds but dismissal of the petition is a foregone conclusion.

Quashing is to be done only in exceptional circumstances

2) if allegations made in FIR do not disclose commission of offence then FIR and charge sheet can be quashed

3) in your case if you were not in town whe alleged incidents took place FIR can be quashed

Dear Querist

if you are not available at the time of alleged offence as mention in the complaint then your quashing petition can be allowed based on the Alibi and there is no need for your personal appearance before the High Court.

you are free to travel abroad for your work without any restriction, if there is no order of the court passed regarding the same.

Feel Free to Call

1. when a charge sheet bears bald allegations and IO did not adduce evidence in support of charge sheet then such charge sheet shall be quashed. this is held by the supreme court in Bhajan Lal vs State of Haryana AIR 1992. this is leading case in respect of quashing of charge sheet.

2. in your case IO failed to collect material evidence. statement of land lord is material evidence in your case. this flaw itself shows that it is machenised investigation, IO did not apply his mind therefore charge sheet may be quashed by the high court.

1. Alibi cannot be gone into by the High Court in a petition for quashing.

2. The quashing petition can be allowed only if there is no prima facie case made out. The HC cannot convert itself into a trial court while hearing a petition for FIR quashing.

3. Without perusal of FIR and quashing petition nothing concrete can be said. So your lawyer alone can decide what argument to be made.

For argument in the quash petition case, you need not be available in the court, your lawyer alone can take care of the issue.

Your lawyer can carry the proofs of what you say i.e., your presence elsewhere on that particular day or date in which you have alleged to have beaten her;

Non-inquiry with the landlord nor obtaining his statement to prove the investigation;

Whether there was any injury and a medical certificate to authenticate her statement;

Your advocate too will be having his own ideas about any other matter that can be included in the arguments to be done in your favor.