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
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.
Advocate, New Delhi
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.
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.
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
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.
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.