• Can the FIR get quashed?

Hello Sir,

In Short: We have cancelled the marriage before 15 day due to misbehavior from Bride Family from the beginning "tika function".  

We gave the hear rings and other silver item around 12-15K and We booked the function hall with amount 19K. We have all document proofs.

After 3 months and before 20 days of marriage they give us 20K for cloths by cash. And interested to come and discuss about details. We had doubt about them and misbehavior we decided to cancel this marriage. No "Sakharpuda Function" was done. 
Another thing came in front of us they are trying to make us fool as the bride is Mangalik and I'm not. When we told then we cant proceed to get marry they are fighting with us, so we left the place to my city.

From bride family raised 420,34 against our all family members without any strong evidence (No bridge of contract). 

Please ad voice me, Quashing is better or It need to get stand at distinct level?

Thanks
Asked 2 years ago in Family Law from Pune, Maharashtra
Religion: Hindu
. since you have all documentary evidence better fight the case on merits . we do hope that on engagement being cancelled all gifts etc given by your fiancee were returned .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
quashing will not be easy,better fight case on merits
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Contest the case on merits in the lower court. You will be able to prove your innocence if you have returned all the gifts given by girl's family.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
you can compromise it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
there is no harm in meeting your fiancée family and the cops . if charge sheet is filed and case proceeds on merits you will end up spending more money in legal fees .


 your argument in settlement talks should be that your fiancée  return gifts forwarded by your family and you will return Rs 20,000 given by them for buying clothes . even if you have to pay back the Rs 20,000 do it if case can be closed .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. No one can be forced to marry some one against his wishes. Refusal to marry after engagement does not amount to any offence. 

2. The cops are striving to end the matter amicably by way of a compromise. Even if they do not turn up before police for a settlement you may still turn up to show your good intentions by offering to return the cash of Rs.20,000 given to you by them for buying clothes. 

3. If charge sheet is filed then your guilt or innocence will be decided by court on merits.  If they do not show any interest in ending this dispute outside court then contest her case diligently in court and prove your innocence.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
The fact that chargesheet has not been submitted does not preclude you from settling the matter out of court. Court has required him to appear weekly at the police station, so your father is bound to comply with court order. If he finds it onerous to comply with this condition then he may move the higher court for relaxation.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
yes you can settle case amicably now . it is not necessary that charge sheet should be filed and then only you settle the case . once charge sheet is filed court will decide your guilt . . your father should move court for modification of order requiring him to come to go to police station weekly
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
already replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Hi, you can better approach for high court for quashing.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
please not e that there are no short cuts in life . HC will quash only if settlement is arrived at between parties or if as per allegations made in complaint no offence is made out . hence we have advised you to fight case on merits before trial court
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Judicial process is loaded with uncertainties as to the time within which a case will be decided and the outcome thereof. Contest the case on merits in lower court and prove your innocence.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
423 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0