• Quashing of 498A

Hi sir, 
Myself Sathish from Bangalore got married to a girl daughter of retired reeve police, working software company will all the marriage expenses born by me as they don't have any relatives or friends to take care of the things. She used to leave the home regularly alongwith used to compel me to come out from my parents and students in their home and as she was not obeying our words and me faced severe blackmail, hence further I have filed a restitution of conjugal rights after some counciling bat vanitha sahayavani- government run counciling centre. But my wife dint not support for the counciling and meanwhile filed domestics violence case and along with FIR with following sections. 
498A, 323, 504, 506 r/w sec 34 and 3&4 of IPC against me and my parents. My mother is a paralytic patient.

Recently the charges were has been filed in court and it stated that they removed my parents and only mentioned the 498A and 3&4of IPC act again me alone.

Now I need to know if I go to high court to quash the same as there is no truth in that.
Whether it will help further or need to run the case in session court itself.


Plz suggest and recommend

Regards
Sathish
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Hello,

Since charge sheet has been filed you have the option of going to HC for FIR quashing. In 90% of cases the HC will not give any relief in this case, but you may give it a chance. Kindly share the copy of charge sheet and FIR for a concrete opinion.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

quashing is to be done only in exceptional circumstances

2) if there is no evidence against you file for discharge before trial court

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

If charge sheet is already filed in court than no use to approach High Court instead file application in same court u/s 227 of CrPC for discharge.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear,

You can go to High court, ask your lawyer to file quashing application in court

u/s 438 crpc. It can be done before trial start in lower court.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Sir if the high court appreciate that prima facie there is no evidence and you are able to establish that charges are false and fictitious the high court shall quash the whole proceedings.

See once quashing is filed you can pray for stay on proceeding before trial court once it is quashed there shall be no trial the matter shall be finished from very starting.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. the proper opinion can only be given after going through the charge sheet.

2. You also have option of approaching the same lower court to discharge you from the case.

3. There are various grounds and facts which would be considered by the court of law either to quash the proceedings or to discharge you from the case.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1) If there is no points from her side and all false allegations made against you, so you can run case in session court itself. Do not run from this court to that court and increase the cost.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Hope you have already availed anticipatory bail against the FIR registered against you.

2. Since charge sheet has already been filed by the IO, you can file a petition u/s482 of Cr.P.C. praying for quashing the FIR based on the loopholes in the charge sheet, on the ground that it is a false case registered against you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Quashing of FIR before High Court is not an easy task. You have to first a revision before the sessions court against framing of charges. If the sessions court dismisses your revision petition, then you can approach the High Court against the order of the Sessions Court. Now when you approach the High Court against the order of the Sessions Court, you can add for a prayer for quashing of the FIR too.

It happens in very few cases that the order of framing of charge will be dismissed and the FIR will be quashed. So you can try filing the revision petition depending on how strong your case is. Just saying that there is no truth will not help. You have to produce substantial evidence in order to prove the same.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Dear Sir,

It will be tried by ACMM Court and not by Sessions Court. Secondly since charge sheet is filed as such you must file a discharge application and if rejected by the Trial Court then approach the High Court till then High Court will issue stay order. The discharge law is follows:

========================================================================================

Discharge under Section 239 Criminal Procedure Code, 1973

-+ The general process of law is that after the police on completing its investigation, files the final charge sheet against the accused.

Thereafter the accused is put to trial for framing of charges against him, by the concerned Court. However there lies a provision under Code of Criminal Procedure that the Accused person can be discharged before the charges are framed against him.

This provision can be resorted to by the Accused provided some certain criteria are satisfied.

The Applicable Law

Section 239, Crpc when accused shall be discharged. - (1) If, upon considering the police report and the documents sent with it under Section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Ingredients for Discharge

The Court will have to consider the Police Report and the Charge sheet (F.I.R and Final Case Report) as submitted to it by the Police under Section 173.

The Magistrate may examine the Accused if he deems fit.Thereafter both the Prosecution and the Accused Parties versions would be heardCharge against the accused to be groundless- There should not be in existence an iota of evidence against the accused. The Court also has to satisfy itself that there is no prima facie (on the face of it) case against the accused.Then the Accused shall be discharged.

Applicability of Discharge

Discharge as under Section 239 Crpc is applicable to Warrant Cases (Cases of a serious nature):

Practically it is observed, most often than not, the Charge sheet/Final Report as filed by the Police can be assailed in the Courts.The foremost principal to be observed that when the Police files the Final Charge sheet , often the material particulars pertaining to the offences alleged are missing.

To simplify:

The accusation leveled in the Charge sheet is simply for instance: Accused charged under Section 120 B/420/467 of the Indian Penal Code. The Courts have unanimously held that in such circumstances as the Police have failed to state details as to how the offence was committed i.e. material particulars of the offence; the Accused is liable to be discharged.

Explaining further, the example as above, it is common knowledge that Section 120 B of the IPC deals with Criminal Conspiracy, Section 420 deals with Cheating and Section 467 deals with Forgery.

Thus if the vital elements of the crime such as common intent in Criminal Conspiracy; Dishonest intention in Cheating; Wrongful Economic gain in Forgery are not made out in the Charge sheet , then the Court is liable to discharge the Accused as no prima facie case is made out.

Thus it is on the above premises, the Accused can be discharged.

Documents perused by the Court

It is further pertinent to mention that at the stage of framing of charges, the prosecution evidence does not commence, therefore the Magistrate has to generally consider the materials as placed before it by the Investigating Police Officer.

To put it differently, if the court were to think that the accused might have committed the offence it can frame the charge, though for conviction the conclusion is required to be that the accused has committed the offence. It is apparent that at the stage of framing of a charge, probative value of the materials on record cannot be gone into; the materials brought on record by the prosecution have to be accepted as true at that stage." The crystallized judicial view is that the Court cannot conduct a deep roving enquiry into the evidence at this stage.

Thus the Complainants allegations + Witnesses Statements + Charge sheet as prepared during investigation are the materials to be considered by the Court

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Now I need to know if I go to high court to quash the same as there is no truth in that.

Whether it will help further or need to run the case in session court itself.

If you are confident that the case is filed out of false contents or allegations and that she cannot prosecute the case properly, then you may better fight it out in the trial court itself instead of applying for quash.

The high courts do not entertain the quash of FIR as a routine.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. The scope of FIR quashing petition is very limited. The High Court has to only examine whether a prima facie case is made out or not. If a prima facie case is made out then HC cannot quash it.

2. Unless the FIR is perused threadbare it is not possible to formulate an opinion.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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