1. Since the FIR is in Jharkhand the Quashing petition has to be filed before the Jurisdictional high court at Ranchi.

2. FIR copy is required . The high court shall call upon the record from police like statements.

3.The Quashing petition is filed then the court issue notice to the state and the other party and then decide the issue hearing both side. It can take time of 4-5 months more depending upon the pend ency.

4. No.

5. Yes he can file once the FIR is quashed and he is exonerated from all these offences.

1) quashing is to be filed in HC st Jharkhand only

2) it cannot be filed in Karnataka

3) copy of FIR is to be enclosed to quashing petition

4) quashing is to be done only in exceptional circumstances

5) it would take around a year for quashing orders to be passed

6) your friend can file defamation case against his wife

7) there is no mandate to quash before decision of divorce case

Dear Client,

Delay in filling charge sheet is no ground for quashing FIR, it will quash on other grounds like false case, allegation not proved etc.

Documents which prove your innocence.

If can be filed till charge sheet not filed u/s 482 CrPC in High Court.

NO.

No defamation case made out of such incidents.

he cant file quash petition from karnataka hc

only copy of FIR may be required

1. A petition for quashing under 482 CRPC can be filed to quash every FIR but in a quashing petition the HC takes only a prima facie view of the FIR. Without perusal of FIR it is not possible for me to state whether it is a good case to file a quashing petition or not.

2. Only the FIR copy is required to file a petition for quashing. Bail order is not required.

3. It may take few months to decide the petition.

4. Your friend is under no obligation to seek quashing of FIR as a condition precedent to seeking divorce.

5. Defamation case is not made out unless your friend is discharged/acquitted or FIR is quashed.

1. Though there is no bar to go for quashing during investigation stage most of the high court prefer to wait till submission of charge sheet.

2. Only certified copy of FIR is mandatory. Other documents in support of your case is optional.

3. There no time limit but its to be filed before framing of charge. For procedure talk to an advocate.

4. Quashing and divorce suit are separate proceeding an has no direct connection between the two and outcome of one case is independent form another.

5. No case of defamation lies at this stage. After acquittal he can file civil suit for damages for malicious prosecution.

Whenever it is made to appear to the High Court-

that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

that some question of law of unusual difficulty is likely to arise; or

that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice,

it may order-

that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;

that any particular case, or appeal, or class of cases or appeals, be transferred from a criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

that any particular case be committed for trial of to a Court of Session; or

that any particular case or appeal be transferred to and tried before itself.

498A case is heard by criminal courts and not family court

SC put its foot down saying the concession would not be given to wives for shifting of trial of dowry harassment cases filed by them under Section 498A of Indian Penal Code against husbands and their relatives.

If the JMFC is not conducting himself in a free and fair manner.

Dear Sir,

My answers are as follows:

1.Can my friend file petition U/S 482 CRPC for Quashing of FIR at High Court(Karnataka) at his working place?

Ans: No, it has to be filed in the State where FIR is stated.

2.What are the documents to be required for Quashing of FIR? Is the Bail Copy required for this purpose?

Ans: The documents which are in your favour and which contradicts the contents of their complaint may be filed. You must establish that you have not received any dowry and supporting documents may filed like you yourself given some amount to your in laws, their low financial status etc.,

3.What is the procedure for Quashing and the maximum time required for quashing of this case?

Ans: There is no minimum and maximum limit but depends on other considerations like pendency of cases, capacity of judge, number of vacant post. For example previously 482 quashing petitions being placed before 3-4 judges but now before only one judge due to shortage of judges.

4.Is this a mandate to Quash the FIR by him before finalizing the Divorce case which is already filed?

Ans: No, it is no like that. The proceedings can parallel to each other and findings can be make use of .

5.Since my friend faced harassment and cruelty both mentally and physically by her & her parents, can he file defamation case against them?

Ans: Yes, if he has independent solid case he can file it.

Under what circumstances ,the FIR 498A case is transferred from one JMFC(family court) to another JMFC?

Ans: Basing upon jurisdiction of commission offense the case can be transferred.

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SIMILAR CASE ON DELAY OF FILING CHARGE SHEET THE FOLLOWING 482 CRPC PETITION FOR QUASHING IS FILED AS

BELOW;

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Criminal Petition No.……2018

(Sixth Addl. CMM Court, Bengaluru

Crime No.0275/2017 dated 13.10.2017)

MEMORANDUM OF CRIMINAL PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE, 1973

The petitioner respectfully submits as follows:

1. That the addresses of the parties for the purpose of service of summons, notices, etc., form this Hon’ble court are as stated in the cause title above and the petitioner may also be served through his counsels XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX....

2. It is submitted that the petitioner is the husband of Smt.SUSHMA KUMARI, D/o Uday Singh, Aged about 33 years, Resident of # 45, Ram Nagar colony, Chas, Near Muskan Hospital, Bokaro steel city, District, Jharkhand-827013 It is further submitted that, the petitioner being aggrieved by false complaint lodged by lodged by his wife for the offence punishable under Section 498A of Indian Penal Code, 1860, this criminal petition is filed. The Respondent being Investigating Officer without going through the contents of complaint registered it though there were no ingredients of alleged offence. It is further submitted that, on the basis of complaint lodged by respondent no.1. who is no other than wife of the petitioner the Bellandur Police/respondent no.1 registered First Information Report (FIR) in Crime No.0275/2017 on 13.10.2017. It is further submitted that, since it is a false complaint as such the concerned police could not get any evidence from the wife of the complainant, as such till today final report is not filed. It is further submitted that, due to the pendency of the above said FIR the bright future of petitioner came to be halt. It is further submitted that, the petitioner unable to get Visa since the above said criminal case is pending against him. It is further submitted that, on personal enquiry with concerned police it has been brought to notice of petitioner that the wife of the complainant not produced any supporting documents and oral statements to support her allegations made in her complaint. It is further submitted that, on the request of petitioner the concerned police stated that they cannot close the pending the investigation until and unless Hon’ble Court quash the concerned First Information Report. It is further submitted that, the said crime was registered as long back as on 13.10.2017 but till today there is no progress in the investigation thus the petitioner facing untold misery and he could not get Visa due to pendency of above criminal investigation. The wife of the complainant in order to take vengeance against petitioner such filed false complaint which is lying idle without any further investigation and causing hardship against the future career of the petitioner. It is further submitted that, as on today and since from the date of lodging of complaint that is 09.10.2017 the wife of the complainant is residing at her parents house that is Bokaro Steel City, Jharkhand State. It is further submitted that, whereas the petitioner is residing in Bengaluru City all along doing Software job. It is further submitted that, having no alternative, the petitioner preferring this criminal petition for quashing of above said Crime No.0275/2017 dated 13.10.2017 pending on the file of the 6th Addl. CMM Court, Bengaluru. The certified copy of FIR in Crime No.0275/2017 dated 13.10.2017 pending on the file of 6th Addl. CMM Court, Bengaluru is herewith produced as ANNEXURE – A.

BRIEF FACTS OF THE PETITIONER’S CASE:

3. It is further submitted that, the petitioner and Smt. Sushma Kumari are the legally wedded wife and husband and marriage was solemnized on: 11.03.2012 at Jharkhand under the Hindu Rights and Customs, the marriage was registered on 29.12.2015 in the office of the Sub-registrar Varthur, the marriage was consummated out of wedlock one female issue by name Ananya Roy has been born on 28.02.2014 at Jharkhand.

4. It is submitted that after the marriage, the petitioner and his resided at HSR Layout Bangalore, thereafter petitioner being lovable husband he has purchased flat in both names bearing flat No.104, Saketh paradise Owner Court East, at KASAVANAHALLI Bengaluru-35.

5. It is submitted that, the petitioner being husband and father showered all their love and affection on his wife and child and looking after them diligently and providing them all the required material for their growth and nourishment and taking steps to build up their future.

6. Subsequently the wife of the petitioner started disliking staying in the matrimonial and picked up quarrels for petty reasons and she left the house of petitioner and joined the house of her mother. The wife of the petitioner never used to cook food at home and always used to visit her parents house, never liked to stay with the petitioner for the reason best known to his wife, this sort of disliking of the wife towards the petitioner led to lot of differences between husband and wife. Since there were difference of opinion and difference in taste, both the petitioner and his wife could not go together as husband and wife. In spite of the petitioner’ adjustable nature the wife has been torturing the petitioner for no fault of the petitioner.

7. The petitioner submits that, the his wife was all along posing threats of committing suicide and was causing mental agony to the petitioner and to his family members due to the threatening acts of the petitioner. The petitioner tried to advice his wife on several occasions she is becoming furious and was trying to commit suicide to trouble the petitioner and his family members.

8. The petitioner further submits that, the petitioner is working as employee at private company at Bangalore having meager income, his wife is not satisfied with the salary of the petitioner and she is expecting a royal life and was all along comparing the family to the affluent families. The petitioner is unable to live to the expectation of his wife and she started creating ugly scenes, harassing and embarrassing the petitioner meting out of cruelty and spoiling the peaceful atmosphere. The petitioner was unable reach the unexpected demands of his wife, the wife frequently leaving the matrimonial home and staying with her parents for months together after several panchayaths were held, the petitioner has to bring back his wife by accepting all the conditions imposed by his wife. When the wife of the petitioner was carrying the baby all the expenses were borne by the petitioner. The wife of the petitioner has imposed a condition and forced to purchase one more flat in her name in Bangalore and for which the petitioner has tried to arrange finance to buy flat but even then the his wife was not at all happy, but as usual she was posing threats of suicide.

9. The petitioner further submits that, his wife kept all the existing jewellery at her mother’s house and imposed a condition and force to purchase for new jewellery with petitioner, if not possible his wife threatened to petitioner to file dowry harassment case and divorce case, and she never cared about the petitioner, when the petitioner admitted in hospital as sugar patient in hospital for 4 days she has not taken care nor not visited hospital in spite of calling her over the phone. The wife of the petitioner used to wear small clothe (minis) and force the petitioner to take her to disco party. With a pre plan the wife of the petitioner lodged false complaint under Section 498A of Indian Penal Code, 1860 which is under challenge.

10. The petitioner further submits that, on several occasions the petitioner requested his to return back home along with the baby and join the company of the petitioner, but his didn’t join the company of the petitioner in spite of several requests. The wife of the petitioner started harassing the petitioner under one pretext or the other and never joined the company of the petitioner and stayed with her mother. The petitioner visited the house of his wife several times calling upon her to come back to the matrimonial house for which his wife bluntly refused to join the petitioner without any reason and cause. The wife of the petitioner has habit to go to police station on small issues. At last she has lodge this false complaint which discloses no ingredients of section 498A of Indian Penal Code. In spite of panchayaths and advices at the behest of the relatives of the petitioner failed.

11. The petitioner further submits that, on bare perusal of complaint lodged by wife of the petitioner, is does not disclose any of the ingredients required to satisfy alleged offence under Section 498A of Indian Penal Code, 1860. The petitioner further submits that, since his wife brought influence on the concerned police, for the name sake, police registered a crime and issued a FIR and thereafter they forgotten about this matter. Even to this day the wife of the petitioner never visited the police station and never submitted any more documents to the police to substantiate her allegation of 498A of Indian Penal Code, 1860. The petitioner further submits that, since it is non bailable offence as such police kept the investigation pending all these years with a hope that the wife of the petitioner may come and substantiate her case. The contents of complaint barely enough to attract offence under Section 498A of Indian Penal Code, 1860 as such at this stage the interference of Hon’ble Court is needed to quash the First Information Report registered in Crime No. 0275/2017 dated 13.10.2017 by Bellandur Police and pending on the file of 6th Addl. CMM Court, Bengaluru.

12. The petitioner further submits that, he has not filed similar petition before any other Court, authority or forum. The petitioner having no alternative except to file this petition seeking quashing of FIR.

13. The petitioner further submits that, this Hon’ble Court is having territorial and pecuniary jurisdiction to adjudicate this petition.

14. The petitioner further submits that, this petition is filed within limitation.

G R O U N D S

15. Petitioner for all these days was under the bonafide belief that the concerned police may file B report that is closure report since wife of the petitioner not having any supporting evidence to substantiate her allegations for the offence under Section 498A of Indian Penal Code, 1860.

16. Petitioner is a young professional with bright future and due to pendency of investigation in the said crime is unable to get Visa and also facing social and cultural set back.

17. The wife of the petitioner got influence of higher police officers and got registered a false First Information Report.

18. That the material on record available with wife of the petitioner not sufficient to substantiate alleged offence as such she never turned up to the police station as such the concerned police are handicapped and kept the investigation pending without any bonafide reason, as such needs to be set aside and quashed.

PRAYER

WHEREFORE, the petitioner humbly prays that the Hon’ble Court may kindly pass to:

a. To call for entire records in Crime No.0275/2017 dated 13.10.2017 pending on the file of the Sixth Additional CMM Court, Bengaluru.

b. To quash and set aside the FIR in Crime No.0275/2017 dated 13.10.2017 registered by Respondent / Bellandur Police Station and pending on the file of the Sixth Additional CMM Court, Bengaluru produced at Annexure-A.

c. And to pass any other appropriate orders and grant such other relief as this Hon’ble Court deems fit in the circumstances of the case.

VERIFICATION

I, the petitioner in the above case do hereby verify and declare that, what is stated above in the para No.1 to all of the petition is true and correct to the best of my knowledge, information and belief.

Petitioner

Place: Bengaluru

Dated:

On the ground of apprehensions of biasness case can be transfer.

1. He has to file the quash petition in the high court within its jurisdiction the sub ordinate courts fall and the jurisdiction of police.

2. He has to file the documentary evidences which he relies upon for seeking to quash the charge sheet.

3. You can contact the advocate who will be handling the case for knowing the procedures and the time taken for quash.

4. It is not mandatory.

5. Defamation is not the solution for this and he cannot file defamation for this situation.

Under what circumstances ,the FIR 498A case is transferred from one JMFC(family court) to another JMFC?

Under no circumstances it will be transferred.