• I have filed quashing against chargesheet in Allahabad High Court

Hello,

I have filed quashing against chargesheet in Allahabad HC on below grounds.

1. My wife has alleged and mentioned dates (4 days) where i beat her and throwen out of house. But on 1st 2 dates i am not even available at the place where she is claiming.
2. No investigation was done from landlord or at the place (at the place or city where we were residing ) and chargesheet came out without proper investigation but alleged in FIR that landlord saved various times from beating. But they were not witnessed or asked by police as they never came to the city for investigation before making chargesheet.

Can you also let me know other grounds that can be used in argument by lawyer from our side for quashing the chargesheet ? 
Also can date of argument for quashing case be delayed and 2 or 3 days dates can be taken as i have to travel abroad for official purpose ?

Please revert.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

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.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95219 Answers
7612 Consultations

5.0 on 5.0

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

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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