You all have to apply quashing either separately or 4 of your together. It is better to file separately for parents , colleague and you.
Hi, I and my parents are legally separated two years ago. My wife now filed 498a on me, my parents and a colleague of mine who has no connection to our family. FIR has been filed on all four of us. Please confirm if all of us have to apply for quashing separately or will it be sufficient if my parents apply for quashing and it applies to all of us? I am from Andhra Pradesh, living now in Germany and cannot travel at least until next week. Thanks in advance.
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You all have to apply quashing either separately or 4 of your together. It is better to file separately for parents , colleague and you.
What are the chances of my colleague getting out of this through quashing.
1) quashing is to be done only in exceptional circumstances
2) HC is reluctant to quash FIR pending completion of investigations
3) wait for investigations to be completed a d charge sheet filed
4) most probably name of your parents would be dropped from charge sheet
5) all accused ha e to apply for quashing
Hi
Each one should apply either jointly or individually.
It is not applicable to other person if one person gets his / her name quashed.
The chances of your colleague getting quashed are good.
Important factor is as to when the alleged 498A allegations were made (date & time) if they are made pertaining to date & time when you are not in India, the chances of you getting the issue quashed are also good.
However, immediately upon returning to India you obtain Bail.
Normal practise of Courts is that, the Husband may not get the case quashed immediately, but if he proves the same to be false chances are high.
Good Luck
1. Since 498A does not apply against a non relative person , your colleague can file a quashing case which has good merit.
2. The same applies to your separated parent as well.
3. The outcome of quashing petition applies only to the applicants of the case. if there are more than many then unless the court specify any particular person then the case applies to all.
Your parents can file quashing case in the high court along with your friend name in it.
Please for false 498a your wife will get punishment.
Your parents should apply separately for quashing of FIR and friends should apply separately for quashing of FIR as the friend is having a good strong case for getting the FIR quashed
As you are already separated from your parents you can file the the question petition for FIR under Section 498 a and there are great chances that most of other people named in the FIR FIR will be quest for them but for you you need to apply anticipatory bail to avoid any arrest
See it will be based on primary allegations against him in the FIR if there are no direct allegations FIR against him can be quashed.
Dear,
You and your parents will file quashing application separately.
As you mentioned that they are not living with you.
So in investigation they will free automatically from her charges.
This is good for your case also.
Dear Sir,
You should go for the quash now and should not wait for the Charge sheet to be filed.
Once the charge sheet is filed, no court can quash the petition.
You can file quash petition jointly or separately.
The Application can be filed by a person under Sec 482 of Crpc to the High court for getting the frivolous FIR filed against him quashed.
Sec 482. Saving of inherent powers of High Court. Under this Section, High court has been vested with the inherent powers to pass any order which is necessary in order to-
In Som Mittal v. Govt. of Karnataka, the Supreme Court held that,
1.The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.
1. First of all all of you shall have to avail anticipatory bail from the Sessons Court and it is advisable to file seperate applications for all the four.
2. Once you avail the anticipatory bail, you shall have to contest the case fittingly by engaging a layer having expertise in this field.
3. You should file quash petition u/s484 of Cr.P.C. only after the charge sheet is filed by the I.O. since Indian Courts entertain quash petitions generally after the charge sheet is filed.
4. Meantime develop rapport with the I.O. to ensure that he submits charge sheet quickly keeping adequate looopholes in it to enable you to get the FIR quashed by the High Court.
There is very good chance of getting the FIR is quashed provided the steps advised in my earlier post are followed carefully.
You are advised to get engaged with separate counsels for yourself, your colleague and your parents.
You may try for quashing, but you will be unlikely to succeed in dropping the criminal proceedings. The Law is in favour of full fledged trial in respect of criminal complaints in lower courts. Therefore it is likely that the Quashing petitions may even not be admitted in the first place.
You are advised to cooperate in Investigation, take Anticipatory Bail and contest the cases on merits. Through this route you are most likely to settle the disputes once for all. Try to take Divorce on mutual consent . After a settlement deed and mutual consent Divorce, you will succeed in the Quashing the 498A Case at High Court.
Your parents can apply for quash for all the accused
In my opinion, since you are working in Germany, it would be better that they exclude you from the application because if the court orders that you should be present in India then the court may pass an order to deposit your passport till the disposal of the criminal case besides dismissing the application for quash, then your position will be very awkward.
You may be losing your career when you are not allowed to travel abroad to pursue your career.
You better think about the pros and cons before applying for anticipatory bail or quash petition for you.
There are possibilities for getting your friend out of this case because he is an outsider to the family and it can be clearly seen that it is a vendetta against him that he has been included unnecessarily.