• False FIR under section 323, 342, 354 KH, 498A, 307, 377, 506, Dowry 3/4

We got second marriage in feb 2018 while came to know extra marital affair in march which she told abt her friend but later on i came to know it;s her friend's husband. I object politely but she demand for 10lac for divorce or keep quiet over whatsapp as per record. on 9th may in my absence she got herself locked in house and made some injuries (all simple in nature as per medical) called 100 and lodge FIR with some local political support showing incident time of 10AM while i was in CCTV at PNB 18kms away 10 :13 outside bank and 10:35 inside bank and as per mobile i left home at 9:11 AM, while she made a call at 11:29AM for 100 with some new number. In 2016 she made similar case with ex husband and settled for 625000 in High court as per docs.While our mediator her uncle in relation has given statement under 202 in my favor also employed in same PNB branch and said it's a false case but still nothing ordered so far...Mahila police is investigating....is their any way to get rid of whole thing and get the FIR closed or something with High court etc. Pls advice
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

You can also approach CAW cell (Crime Against Women) & handover your story in written format. They would help for mediation(?). If possible take her to marriage counselor & you too go with her.

The accused may approach the High Court u/S 482 Crpc to pray for quashing of the FIR.

Because you Have Evidence of CCTV footage and you said In 2016 she made similar case with ex-husband and settled for 625000 in High court as per documents.

this evidence may help you for quashing f.i.r.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Wait fir Police to complete investigations and file charge sheet or closure report

2) then file for discharge before trial court

3) HCis reluctant to quash FIR pending completion of investigations

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

hello

you have been a victim of fraud and hence you should file a petition for FIR quashing in the HC at Allahabad. also a complaint should be filed against that woman before the magistrate u/s 156(3).

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. First of all you shall have to file a petition before the High Court praying or staying your arrest based on the said FIR.

2. Thereafter you shall have to wait till the IO of police files charge shet against you.

3. On receiving the copy of the charge sheet, you can file a petition before the High Court under section 482 of Cr.P.C. praying or quashing the FIR registered against you based on the false complaint lodged by your wife on the ground that at the time of the alleged crime/incidence, you were found to be at a place 18 KMs away.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can try you luck by filing quashing application in hc and quash the FIR

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1. Well, if during the investigation the police finds nothing then it can close the case and give you clean chit for this.

2. However in most likelihood the police submits charge sheet then you can try your luck by filing a quashing petition in high court.

3. However do note that quashing is an exception than rule and hence it is rarely allowed.

4. In that circumstances you will have to face trial and come out acquittal which happens in majority of the 498A cases.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Firslty, Sir, as FIR has been registered I advice you to please as soon as possible apply for the Anticipatory Bail before they arrest you, and then you may asking for bail.

Secondly, put everthing which you can in your AB application.

Thirdly, I am pradvice ty sure that you may get it for sure.

Fourthly, once you get that then you should apply for the quashing of the same FIR on the basis of the statements been recorded in the order sheet.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You can file for quashing of FIR and the entire criminal proceedings against you under section 482 the CrPC in High Court as no prima facie case has been made out against you.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. Police is investigating the matter, you say. Let them investigate and file their final report. At this stage nothing is required to be done by you except to obtain anticipatory bail so that you do not suffer arrest and detention.

2. If police files chargesheet then you may file an application for discharge in the court.

3. FIR cannot be quashed if it makes out a prima facie case.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Is the FIR regisered already? In case not, try to get this settled at the Thana level only.

In case FIR has already been lodged, approach the Allahabad High Court in a FIR quash petition and seek direction light of the law laid down by the Hon'ble Apex Court in the case of State of Bihar vs. Arnesh Singh.

Keep in mind that there is no automatic arrest in 498a cases anymore.

You can hopefully get some relief from the High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can give statement along with the witness you rely upon narrating the incidents with references and evidences and also you may cite the previous such incident hence she is a habitual offender of this nature.

Let the police record your statement or not, dont bother even if they register the FIR, you may first obtain AB and then challenge her false case properly in the trial proceedings.

Or you can even plan to file a quash petition to quash charge sheet or not to arrest order from high court since there is no provision for AB in UP.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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