1. Since charge sheet has been filed, the charge sheet has to be challenged in this case. Grounds will be that the relatives have never lived with the family and the old age.

2. Rulings and judgments can be shared after perusing the charge sheet and the FIR

3. HC is a court of law and not facts, the same can only be challenged on the legal grounds.

4. You should move to the HC first.

5. Share the documents further with an advocate so that the strength in the case can be told to you.

Regards

quashing for parents , sister as they never stayed with you

2) quashing would be granted for sister , parents

3) you should hold evidences for trial

4) rely upon video recordings

5) suppression of material facts

Quashing of 498a happens in very rare occasions may be 5% cases are eligible for quash 498a. The 498a case can be quashed on the basis of vague allegations on relatives.

To quash 498a the most common test is if the FIR is filed in parental home and she alleges allegations in matrimonial home. Then there are good chances to quash 498a based on such facts.

Citations

Hiralal Agarwal Vs. State of Orissa 2006 Cri LH 3809

Debabrata Saha V. State of Jharkhand.

1. Sir first of all if in the chargesheet it is written that you gave statements but you were not approached by IO file an before high court for re-investigation from different IO along a quashing petition as you were never called for statements further the charge sheet is false and frivolous.

02. Sir since the chargesheet is already filed the proper remedy would be discharge before trial court but since there is discrepancy in investigation on same ground approach high court.

03. Sir if there are evidences same has to be filed at the evidence stage in the trial court high court shall not take evidence. if any direct evidence to show document same can be presented before high court.

04. Anticipatory bail from the sessions court can be obtained.

05 & 06. The same ground and discrepancies can be presented before the court it will be solid ground for quashing petition and direction for re-investigation.

07. You can being all these things on record with the evidence,

1. Take the ground that 498a has been filed in retaliation to your divorce and nothing but a counterblast.

2. There are a number of judgements passed by the Supreme Court which you can cite before the Allahabad HC. There are judgement which say that old ailing parents and relatives cannot be mechanically named in matrimonial disputes, besides judgements on other points.

3. Disclose these evidences before the High Court.

4. Move to the HC first. If you will get nothing, then also you will get a direction that your bail applcation be considred in light of the law laid down in lal kamlendra case.

5. Make evidence of all of this.

6.Yes.

7. Approach High Court and challenge the chargesheet in app. under s. 482 crpc/

false prosecution and abuse of process of law can be grounds.

you can only raise prima facie facts n quashing application by filing evidence you have.

yes you can first take bail and then move for quashing ideally

project all the lacunas from point no 5 to 9 before High court in quashing.

1. HC in quashing wont examine witness it will see only statements and evidence only on record.

2. The trial court will examine the evidence at the stage after framing charges.

3. Sir there are number of cases on the issue the Advocate appearing behalf will do the research for the case

4. Further only filing quashing you can seek stay on trial a interim stay application can be filed along the main quashing petition. further on your petition notice shall be issued to other and state they shall file there reply, if court wish to send it for mediation can send or can proceed with the arguments.

5. Further for all the accused quashing petition needs to be filed.

Since your married sister is staying separate case against her woukd be quashed

2) as far as your parents are concerned since they are stayin with you FIR woukd not be quashed if allegations made in FIR disclose commission of offence

3) you would not get bail the same day . Court would consider reply or prosecution and after arguments pass orders

4) judgments depend upon facts of each case

5) burden of proof is upon prosecution to prove allegations beyond reasonable doubt

Chances are high that the name of the parents will be removed based on the facts as illustrated by you.

However if the names are not quashed then you will get an order of Lal Kamlendra, which means that the court will pass direction to the lower court to consider and decide the application on the same date.

Regard

There are various judgement of Allahabad HC itself in your support,

Regards

1. What are the Grounds for Quashing?

Whatever reasons that you rely upon that her complaint is false, you can bank upon such items as grounds for quashing the charge sheet.

2. Is my case fit in for Quashing, if yes please share some judgments and rulings for the same.

You can consult your advocate who after analysing the factors may advise you properly.

3. In FIR every paragraph is concocted and have very strong evidences to defend, shall I disclose all evidences or HC ll entertain those evidences at this stage or I shall hold those evidence foe my divorce matter trial.

If you feel that all hr allegations are false and concocted then you may very well produce evidences before high court that you rely upon to disprove her false claims.

4. Moving HC is better move or shall I appear at CJM court and my lawyer may do the argument on health ground getting my parents and sister excepted from appearing and I getting the bail same day; Is it possible?

Yes, he can file an application under section 205 cr,p.c. seeking to dispense their personal appearance before the court on the said grounds.

5. Girl on video threatening for divorce, suicide and showing abnormal behavior like hitting herself also got prescriptions for her disorder diagnosis from government hospital, during a session at her advocate chamber threatening for filing case if 3BHK flat is not being given to her, and she does after 7 months of threat.

You can apprise your advocate ion this.

6. In FIR, She written she was rescued by police from her matrimonial home thru her brother, but IO in her report (in respondent statement) written she was sent back to her paternal home after hassarring and beating her for dowry of swift dzire car, police version of complainant has been write off in chargesheet. Can we show this in grounds?

These are all the contradictions that can be highlighted.

7. Lot of suppression of facts is being made related to her work like being an M.Sc working for angan baari as sahayika and by fraud taken salary till August 2014 (i.e, 4month salary with being present at UP.

You concentrate on the case in hand and not beyond that to complicate your issue further.

8. Her aggressive behavioral condition suppressed?

You can mention that in your petition.

9. Her skin eczema condition suppressed to

Make a mention.

There is difference of opinion on holding the evidence or sharing it right now for quashing, please clarify on your approach; also do HC entertain evidences at this stage or later stage would come.

For proving your case you can always produce the documentary evidences in your support, do not withhold any such material evidence that may be helpful to you.

HOW DOES THE HIGH COURT WORK SAY AFTER FILING 482---->MEDIATIO----->FAILING MEDIATION------> ARGUMENT (Shall i hold evidences till this stage)-------> ORDER

Well you will come to know about the procedures to be followed after filing the petition, hence dont be so much impatient about it.

DOES HC BASED ON MY CASE DETAIL WILL QUASH ATLAS MY PARENTS AND SISTERS NAME?

Nothing can be predicted, you stand a chance for getting their names removed from charge sheet.

5.WHAT ARE MY CHANCES OF GETTIN BAIL FROM LOWER COURT ON SAME DAY?

It is not possible to get bail on the same day, you may have to be inside for at least two to three days.