• 498a,307,506,Section 3 and 4 of DPA

Iam NRI. Me and my siblings booked under false private complaint of 307,498a and 3&4 of DPA by my exwife. MY passport was seized and I was arrested based on LOC.she took ex-parte divorce on same complaint. My siblings got quash in highcourt. In most of the false allegations made in the complaint me and my siblings are jointly involved. now i am pursuing for quash in Highcourt. i am arguing on my own as party-in- person as i have no money and job.The Investigation officer filed chargesheet just appending 161 statements repeating same allegations of the complaint word to word. Further IO not mentioned about crime, just esacaped by appending 161 statements and saying there is prima facie. The another thing is charge sheet is filed after more than a year after complaint. Though first Investigation officer completed investigation of 10 witnesses long back he has not filed charge sheet. later he got transfer and second IO filed charge sheet without mentioning his comments but just saying prima facie hence charge. So the elited advocates please guide to to argue this case- (1) most of the 161statments are hearsay (2) Even witnesses condemned that we made attempt to murder(s307) (3) No scene of offence happened, but to implicate me and my siblings she filed false private case in another town other than her native place with political influence and bribing police So please guide me to argue to get quash in High court
Asked 4 years ago in Criminal Law
Religion: Hindu

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18 Answers

1. Purpose of 161 is corroboration with content of the complaint.

2. There are various judgments in your support which says that if the case has been filed malafidely to wreak vengeance then the same is liable to be quashed.

I would advise you to get in touch with some lawyer who may appear for you as this matter involves argument on legal side also.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. It is not clear whether you have taken bail or not and what is the outcome of the quashing case.

2. Since quashing is rarely allowed It is presumed that you will have to face trial and take bail in the meantime which is routinely allowed.

3. The statements made u/s 161 CRPC has no evidentiary value unless it is repeated by the witness in the court.

4. If the allegation is false there is nothing to worry as the burden of proof in criminal case lies on prosecution only which it will have to discharge beyond reasonable doubt.

So I find nothing to worry much while defending the trial.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Quashing is done only in exceptional circumstances

2) HC is reluctant to quash FIR

3) it is better you apply for discharge before trial court

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

You should concentrate your energies in getting your passport released

2) HC woukd release your passport abd your can travel abroad for work purposes with prior permission of court

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

First you will have to apply before the Magistrate seeking release of your passport. The police without the order of magistrate can not seize your passport.

If you do not get necessary order then file revision in high court.

Do not worry as you would get passport soon.

I do not advise quashing unless there is prima facie merit in it which I can say only after seeing the complaint.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Sir based on the evidence on record and charge sheet and statements there is no direct evidence the statements are copy to copy same of complaints no eye witness, the complaint is filed by delay and since the FIR against cousin is already quashed you have good ground for the quashing petition.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you can file petitions to file quashing of the FIR in the High Court (you may need to file two separate petitions, if the causes of action are different). However, please note that normally such petitions are not successful.

Just file an application in trial court for release of your passport. If necessity arise you may go abroad with the permission of court even during the pendency of the trial and case.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Sir the writ for passport and the quashing can be separately argued the writ for the quash the passport can be decided and the passport can be released in case even when the quashing petition is pending.

In quashing petition you cannot argue or pray for passport if the two matters are not tagged along.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In the writ the limited scope is for the passport so both have to argued separately on the grounds further the quashing shall be against FIR charge sheet and the proceedings .

You cannot argue for quash in writ of the passport.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Criminal petition for quash of proceedings.

Yes you can do the same

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. If the 161 statements are hearsay, then you may establish the falsity of the statement/witness evidence in your favor during cross examination.

2. If the witnesses turned hostile then it is a situation beneficial to you.

3. You can extract the fact from her mouth during cross examination and highlight the contradiction.

The above may be pleaded in the petition seeking quash meticulously, if you have already filed the petition then how are you going to add these information?

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

I filed writ petition for release of passport and criminal petition for quash of crminal case. The main prayer in writ petition is release of passport. Shall I ask the prayer in writ petition while arguing the case to quash criminal proceeding also based on merits as It is a private case, the Magistrate has not followed correct procedure

If you have already filed the writ petition, you cannot add any additional prayer at this stage.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

i obtained bail. Which is better option whether to argue writ petition for release of passport or criminal petition for quash of proceedings? Shall I pray for quash of proceeding also in the writ petition while arguing for release of passport as the Magistrate has not followed private complaint procedure and referred to the police and they filed chargesheet and consequntly I was arrested and passport seized.

Firstly the passport cannot be confiscated, it would have been ordered to deposited in the court till the disposal of the case.

The writ petition has been filed for retrieving the passport, so the additional prayer cannot be added, especially the quash petition can be filed under section 482 cr.p.c. and not in the writ petition.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

you have to face trial

2)IO has recorded statements of 10 witnesses

3) you have to cross examine the witnesses to prove your innocence during trial

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir the statements can be read and if they are same as it is and further it doesn't disclose any offence as such same may be recorded, further this can be contented that all witness are her relative no independent witness is there. Sir first if there is no direct evidence you being not present to that address on that date in that same contentions can be raised.

Further i would advise you to engage an Advocate so that all the case papers and charges sheet may be read.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You concentrate in your cse alone, dont worry about the false information given by them in 161 statement. 161 statement contents can be challenged only in the trial proceedings and not in the quash petition.

Rest other things have to be pleased on the basis of merits and documentary evidences in your side in the quash petition.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Better file application in same court for discharge, sitting statement u/s 161 CrPC,as most are hear say and no collusive evidence in investigation to hold you guilty.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Say that the case has been filed for vexatious reason just to harass you.

2. There are no clinching evidence which will result into conviction.

3.You have various judgment of SC in your favor.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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