Wife filed a complaint with women's Ps but refused to undergo counselingand this complaint is still pending there. Same is procured by me under rti. Due to involvement of dcp, another complaint was made at a local PS under his jurisdiction on 2nd March. I was called to ps for the first time on 13/03 and under coercion was made to sign the counseling notices and 41notice which i did but with date as 13/03 based on this ground was granted bail. Also counseling notices dates were 02/02/2017, 15/02/2017 & 28/02/2017 and 41a 03/03/2017. Interestingly all 3 counseling notices have a statement that i should appear before them within 7 days for counseling but 41 was issued within 3 days. I was served all notices in one go. Wife refused to have counseling. All notices dates are prior to lodging of complaint. Also contents of 2 complaints are not only vague but different. Can these grounds be used for quashing fir. Chargesheet not yet filed
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Lawyers are available now to answer your questions.
1) HC is reluctant to quash FIR pending completion of investigations
2) wait for filing of charge sheet
3)_ then file for quashing
4) mention that section 41A notice were issued prior to filing of FIR and all counselling notices are dated prior to filing of complaint
Sorry the anomalies in notices which are part of investigation is not a ground of quashing.
To quash the case you will have to reply upon the complainant and charge sheet once that is submitted and nothign else.
If the allegations contained in the complaint are inherently contradictory or improbable then quashing cna be allowed.
mere falsity of the allegations which is subject of full fledged trial is not ground for quashing.
The contradictions you have pointed out are very obvious and there are possibilities that your quash petition may be allowed.
You may go ahead with the intended petition before high court
