Dear Sir Im from Jaipur, wife from Bhopal. All cases 498A, DV and 125 running in Bhopal. Wife does not appear for 498A statement from last 9 hearings since framing of charges over last 2 years. They come regularly for DV and 125 hearings. Once her lawyer said in front of 125 judge that they have not received any notice to appear for statements which is complete sham as they have same address in every case. Though I have many proofs - photos, phone recording, chat records, medical bills etc to prove innocence of mine and my parents who are falsely implicated in 498A, and due to this fact that the case is false to implicate me and my parents and she is lying, they have not come for any hearing till now. Now questions are as below: A) Should i move HC at jabalpur for quash of fir or just for early hearing and disposal as fees charges are very high for hc lawyers and moving for queh can be time consuming in hc also. B) Is HC bound to look at all evidences and then declare the FIR quashed. There is not even a shred of evidence from her side other than statements from her family members and family friends. Will hc go into examination of proofs and discrepancies in the statements between police complaints and fir and quash the fir? If hc are reluctant for quashing the fir then is it better to just go for early hearing plea?
1. If the charge sheet has been filed then you can not move for quashing, however if the same has not been filed then you may do the needful.Share the copy of the FIR for a more concrete advise.
2. No, HC just prima facie appreciates the evidence.
3. You must go for FIR quashing and if the HC does not grant the said prayer then you may ask to dispose the case with direction to expedite the process.
Let me know if I can be of some help to you.
Regards
Trail already proceeded now High court may not quash FIR but can try and also/better file discharge application in trail court.
If she is not appearing than it`s better, due to her continuous non appearance will cause withdrawal of prosecution.
High Court not at all bound to appreciate evidence while quashing FIR but charge sheet.
No early hearing but discharge application.
1. approach the High Court for directing early disposal of the case,
quashing is not advised
2. just go for early disposal
once the charge is imposed, High Courts doesn't entertain quashing until there is any settlement, PRACTICALLY
1. File for quashing if the court is not inclined to accept your quashing then take.direction of early hearing.
2. High court will not look at evidence .
3. The high court will look prima facie case and record in FIR and chargesheet it will not go in evidence.
Though the details provided by you aren't sufficient to advice on this topic, still I would advice not to approach high court at this time. The quashing is quite a technical matter and HC may not indulge unless its technically doable. File a case against her in your city and cook up a story if there is any reason you have. File exemption from appearance in her city till your presence is required. If court denies this application then move to high court for it and in this application tell other grievances also (that she is taking dates and not appearing).
Find ways similarly to bring her to court and face the harassment and then you may succeed.
Regards
Gopender M
Why shall you go to high court and spend money for quashing an FIR which is false.
FIR can not be quashed by high court unless it is prima facie frivolous
Keep in touch with some criminal lawyer to handle the case when it moves on.
1. It appears that charge sheet has already been filed by the IO in your case.
2. In that case you van file a petition u/s482 of Cr.P.C. praying for quashing the FIR finding out loopholes in the charge sheet in your favour.
3. The High Court will have to be convinced that there are large loop holes in the charge sheet proving the FIR to be false for which it might quash the FIR.
Quashing is to be done only in exceptional circumstances
2) wait for completion of investigations and charge sheet filed
3) then file for discharge before trial court
4) There are lakhs of pending cases . HC may not agree on early hearing plea
The matter will be quashed only if Primafacie the offense is not made out
HI
It is advisable to go for Quash.
The purpose of Quash is that, the FIR registered against the Accused needs to be proved. In case if the same has discrepancies it is liable to be quashed your chances are high.
Therefore, barring yourself (husband) others are likely to get the same quashed at first instance.
As far as your plea is concerned, if you can prove beyond reasonable doubt the same can be quashed against you also.
There is no concept called as going for early hearing.
In exceptional circumstances, the High Court will direct the Lower Court to complete the hearing by stipulating time frame.
Finally, it is advisable to go for quash to avoid tension and loss of man hours.
Good Luck.
1. Once the trial has begun then the high court may not entertain quash petition.
2. The high court will rely upon what you say and what are all facts you put before it to prove your innocence and not on her case.
