• Quashing of FIR

Our daughter in law has filed a case against under 498a in her parent's place of residence. She is working and living in our city. All the allegations made by her in FIR are totally baseless and do not have any tangible proofs to it and a contradictory to her D.V. act petition in he same court. They have managed C.L.G. report of which we have telephonic confirmation recording of the C.L.G. team leader saying they have been made sign on blank papers under pressure by the complainant family. It is on he basis of that report D.S.P rejected our name removal from F.I.R and our bail application was rejected. Later on bail was granted. Now he dowery items as per list have returned to girls family and a chaplain has been filed by police . Can we or shall we go to high court for quashing of f.i.r. and change of case to our city as it has been falsely filed in he other city just to harras us. We have also filed a divorce case last week in our city. She has given to court in writing in DV case that she is residing in other city. We have also found tangible evidences of her residence. Please advise and help.
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Asked 2 years ago in Family Law from Faridabad, Haryana
Religion: Hindu

1) wait for police investigations to be completed and charge sheet filed

2) HC is reluctant to quash FIR pending completion of investigations

3) quashing is to be done only in exceptional circumstances

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

1. Lack of territorial jurisdiction is no ground to quash a case though on this basis the case on certain circumstances can be transferred to the place of occurrence.

2. So this may be a ground for transfer but not for quashing.

3. Try instead discharge .

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

Let the investigation complete on completition of investigation file an discharge application before the trial.court if the court rejects.discharge application than file a petition before high court for quashing.

Secondly you can seek transfer on basis of territorial jurisdiction but in these case they most of time.use the continuous harassment principle and the court gets the jurisdiction.

You can also directly file for quashing without chargesheet but the high.court will wait till investigation is not over in most of cases but in case where it is apparent on fact that is.prima facie that such cases are false than high court shall use discretion before chargesheet also and can quash charges against that person it deems fit (parents in matrimonial cases) or can quash whole FIR.

In most of cases now days the court dismiss the petition for quashing with liberty to come.after charge sheet so you can try before chargesheet also there is no harm since parents can atleast get benifit .

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Firstly, yes you can go for the quashing of the FIR in the High Court, but it can only be allowed if argued very well with all the proofs plus leading judgements if any.

Secondly, yes you can try to say that but won’t be acceptable the reason of change of place.

Thirdly, no she also can’t ask the court to transfer the case to her city if she is saying truth otherwise you can very well counter it with all the tangible evidences that you have.

Lastly, transfer can only be done by the leave of Supreme Court of India.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

it is advisable to wait for the police investigation to complete. as per you the challan has already been presented, but the chargesheet is still awaited. further, it is not advisable to move the high court at such an early stage as the HC will be reluctant to quash the FIR pending the investigation.

For the transfer, yes you can approach the Supreme court stating the mentioned grounds for transfer of the petition.

Shaveta Sanghi
Advocate, CHANDIGARH
899 Answers
98 Consultations

5.0 on 5.0

Yes u can file the transfer application and i ll advise you to file application before girl file. Further u can also go in quashing of FIR and Complaint if evidence are in your favor. For proper assistance you can contact me.

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

You can get the fir quashing under 482 crpc but I have doubts regarding the transfer of case.

If you get the quashing orders than file mutual divorce case after getting a settlement deed signed wherein exchange of articles, money or any other property is elaborated would I think would be best for you otherwise you have to contest the case of divorce etc.

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.0 on 5.0

Hello sir, it is advisable to file for quashing of FIR in high court under section 482 crpc..The high court under its discretionary power can quash or remove the names of accused in the FIR ...if she is staying in your city ,it is advisable to serve the summons personally by a court official upon her...

Hemant Chaudhary
Advocate, Gurgaon
4333 Answers
32 Consultations

4.9 on 5.0

The FIR quash may not be entertained as a routine hence it would be waste of time, energy and money. You may better wait for the submission of charge sheet by the police before court after which you may try to quash charge sheet.

The criminal cases are not transferred to a place of your choice until and unless there are exceptional circumstances governing the necessity.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Hello,

Quashing of the FIR will be filed at the place where the FIR has been filed and not in your HC if the jurisdiction is different.

Yes you may go ahead and file a petition for quashing of the charge sheet.

Regards

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

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