• Can high court quash chargesheet on 4 month delay FIR

Dear Sir,
Myself Rishabh and i live with my wife seperately at delhi.My parents live at ghaziabad. My wife has claimed 498a,323,504,506 and 3/4 against me and my parents in moradabad U.P. If i take you to the incident then i and my wife are living in delhi from the last 3 years and from a long time my wife behavior was not good against me and my parents. On 16-aug-2014(saturday), i and my wife had come to ghaziabad to meet my parents. She suddenly asking me that she want to go to moradabad with 2 childrents to meet her parents. I told her to not to go because last year she already went and didnot come for 6months. She is very igoistic. She went into the room and locked it from inside and called 100 number for police. police came and took both of us to PS. At PS things were settle down with the agreement and her father and brother took her to moradabad the same day. Then till 4 months she didnot come and filed FIR us 498a,323,504,506 and 3/4 at moradabad without giving any 4 month delay reason on FIR. FIR does not have any medical report.
I spent 12 days in jail and finally i got bail from session court.My parents are on interim bail.
During my bail, her counsel has given fake and baseless FIR delay reason , which i can easily prove to be wrong. Reason has come on my bail order.
I have supreme court and  AP High court ruling, It depicts that FIR delay reason should be satisfactorily explained on FIR otherwise FIR will be considered as fake and supreme court and high court both made the accused free from all convictions from APEX COURT in 498a and 307.
1) Kindly guide me can i challenge the charge sheet in allahabad high court based on same rulling?
2) If possible, what will be the right time and procedure?
3) what would be possibility on quashing and proceeding stay?
I shall be highly obliged to you as i am suffering from financial and mental loss
Asked 1 year ago in Criminal Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1.  YES, you can file a quash petition  under 482 Cr.P.C before the High court, 

2. You can file the quash petition once the bail is granted to you and also after the filing of charge sheet by the police.

3. Now itself move to high court if you have sufficient evidence to produce that it is a false FIR

4. The chances of your quash petition depends o the evidence you have and the way  you convince the court regarding the delay the sequences before she left for her parents place etc.

5. Delay in filing F.I.R itself is not a reason to quash it, you should prove it that the fir was false and the intention was to extort and harass you and your family.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. You do not need to challenge the charge sheet in the court. When the genesis of the case can be challenged then you do not need to challenge the chargesheet. 

2. The right time is now when you can seek the quashing of the case.

3. A legal proceedings has uncertainty written all over it in so far as its result is concerned. The proceedings may be stayed by the court.

Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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As her statements can be proved to be false you can apply for quashing of the case. You stand a good chance of being exonerated. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. It is not required to challenge the charge sheet in the high court at this stage since as per your narration you have the evidence to prove that the FIR was a flase FIR.
2. It is advisable to move the HIgh Court for quashing under Section 482 crpc at the earliest.
3. The possibility cannot be judged by any lawyer. It wholly depends on the facts and circumstances of each particular case and the way the evidence has been produced along with the arguments made by the respective lawyers on each side. whoever's able to convince the court on the basis of the evidence and proof that his stand is more reasonable would win the case. Hence at the most, I can say the Court may stay the proceedings until the quashing is decided.

IF you are able to prove that the bail order has been obtained by playing fraud upon the court or by making misrepresentations, then the same can be challenged. The trial will be continue and you must prove that the FIR is false during the arguments advanced.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. It is strange that FIR has been filed at Moradabad u/s498A for your alleged act of dowry harassment at gaziabad. The said FIR should have been filed at Gaziabad and not at Moradabad,

2. However, as per the recent Supreme court order police can not make arrest without conducting investigation against 498A complaint,

3. I will suggest you to wait for the charge sheet to be produced since Calcutta High Court entertains quash petitions after charge sheets are submitted,

4. Find fault with the charge sheet and alongwith the apex ourt order, you can approach the High court to quash the false FIR.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
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1. Yes, this is an excellent evidence to prove how  false the FIR and the reasons for the delay is,

2. You can move your well drafted  quash petition based on the above evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
Dear Querist
My opinion on your querist are as under:

1) Kindly guide me can i challenge the charge sheet in allahabad high court based on same rulling?
Opinion: Yes, you can challenge the Charge Sheet before Allahabad High Court u/s 482 of Cr.P.C. and apart from this if there is no act committed at Moradabad then you may raise a question over the jurisdiction of Court too, as per section 177,178 & 179 of Cr.P.C. because cruelty is not continuing offence as per recent Supreme Court judgment.

2) If possible, what will be the right time and procedure?
Immediately after receiving the charge sheet.

3) what would be possibility on quashing and proceeding stay?
Opinion: 90%, remain can be advised after go through the documents.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0

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