• Is quashing against SC/ST Act possible?

Respected sir, I have done Inter-caste marriage. I was falsely implicated in the case under SC/ST act and 294(b). Shall I appeal for Quash in H.C. Kindly advice.
Asked 2 years ago in Criminal Law from ATTUR, Tamil Nadu
Dear Querist
if there is any strong evidence in your favour the you may file a quashing petition before high court u/s 482 of Cr.P.C read with article 226 of Indian Constitution.
Nadeem Qureshi
Advocate, New Delhi
4245 Answers
183 Consultations

4.9 on 5.0

1. You can apply for quashing of any criminal case. 

2. However, the decision to apply to the HC has to be a carefully arrived at decision and not one which smacks of recklessness. 

3. Your query is silent on the nexus between your inter-caste marriage and the registration of case. What is the allegation against you? 

4. If you had attained the marriageable age as on the date of your marriage then you were free to marry any one.
Ashish Davessar
Advocate, Jaipur
20795 Answers
554 Consultations

5.0 on 5.0

It is advisable to file a quashing case only when you have clinching evidence to show that the case had been filed due to enmity out of the inter caste marriage performed. The quashing power of a high court is discretionary and thus is sparingly used so be cautious.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations

5.0 on 5.0

1. you should go ahead with a Petition under 482  to quash FIR or the charge sheet depending ion the stage of the case.
2. The petition will be allowed  if there is no  strong case from the part of the police and the defense you have is  factually showing that the FIR was a falsely lodged with intention to trouble  or due to the personal enmity.
3. what is the stage of the case ,did the police file the charge sheet?
4.Since you are not filing the quash petition after a settlement with the  complainant, your grounds for quash petiion has to be convincing  enough
Thresiamma G. Mathew
Advocate, Mumbai
1466 Answers
117 Consultations

5.0 on 5.0

1. You can file applications for quashing any criminal case including your instant case filed as er Sc/ST Act,

2. For filing the said quash petition u.s482 of Cr.P.C. you should have adequate evidence to prove the allegation against you as false,

3. It will be prudent on your part to ensure that IO submits favourable report about the complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
14902 Answers
353 Consultations

5.0 on 5.0

just filing of case is not to be subject of quashing unless it contains some strong evidence of false implication of accused. give some more details to us for better advice.
Shivendra Pratap Singh
Advocate, Lucknow
4106 Answers
58 Consultations

4.9 on 5.0

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