Even after defacto conplainant being dead the said complaint continues and cannot be quashed on this ground.
You can try the same on merits but on death it will not be quashed
You can put a request to the court to try the same together
498 and 306 cases: Request for advise to quash and guidance
Dear Experts, Greetings and hope you are having great day! Thank you for stopping by and having a look. Kindly request to show some light on my 498 & 306 cases. At a Glance 498 and 306 cases:- DATE DESCRIPTION Nov-2011 - Tarun & Prithi got married. Jan-2012 - Tarun & Prithi Quarrelled & SEPARATED. Feb-2012 - Tarun went to France(Tarun is French citizen) May-2012 - Tarun back to India to compromise but a 498 Case was filed by Prithi at Hyd PS. Jan-2013 - Prithi applied Divorce at the family court, Hyd. Nov-2014 - Prithi committed Suicide by hanging in her flat at Hyd. (Suicide note available). Nov-2014 - A Case filed by deceased Prithi's brother Kiran under sections 306B & 498 on Tarun(A1), father(a2) & Mother(A3)at Hyd PS. FIR registered in Nov2014 & Chargesheet not filed till today. Tarun on Bail now. Note: Overall we stayed together for less than 50 days. After separation in Jan 2012 we both were living separately. I am in France and she was in India. To summarise, I have the following 2 active cases now at two different locations in Hyderabad. 1.) 498 case - filed by my wife(deceased) in 2012.(Sections 498 & 406 | Status: chargesheet Examination of Accused) 2.) Suicide case - filed by brother (Kiran) of my wife in 2014 (Sections 498 & 306 | Status:Chargesheet not yet filed) Q1) With regards to my first case (i.e 498 case filed in 2012), Can I submit my ex-wife's Death Certificate in my first 498 case (2012) and request Judge to discharge the first 498 case. As the complaint is no more alive, can I approach the court in any better manner so that first 498 can be closed? Q2)This question is with regards to my second case (i.e 306 suicide case filed in 2014). After separation of 3 years, my wife Prithi committed suicide(in Nov 2014)in her flat,Hyd. I was in France at the time of her suicide. It has been now almost 5 years, but till now the police have not yet filed the charge sheet. I am 100% sure there is no single evidence except SUICIDE note. Would there be any luck if I go for FIR quash? If not what is the best process to overcome this. Q3) My wife stayed only 3 days at my hometown with my parents. But my parent's names were included in both the cases. In first case my wife clearly mentioned in her complaint that she stayed only 3 days at In-Laws home. Based on this can i go for quash/removing my parent's name? Q4)Lastly, Is there any way where I can request High court to merge both the above cases in a single case or at a single court and proceed. As both cases commonly have 498 section and in same city ? As I am an NRI (French Citizen) its very hard to travel India very frequently. Really feeling the pain now. I appreciate and Thank you very much for taking time and read this. Looking forward to hearing from you about your valuable suggestions. Please feel free to contact me. Best Regards Tarun
Asked 6 years ago in Family Law
Religion: Hindu
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10 Answers
You can file for quashing in suicide case
2) that charge sheet has not been filed for 5 years
3) no evidence against you and your parents
4) both cases cannot be merged
5) you can make application for exemption from personal appearance until further orders
you can go for Quashing of the FIR to the High Court and pray for the relief..
there is no limitation as such for submission of charge sheet by the police. However, if the police does not submit chargesheet within two years, you can go for quashing..
You should file quashing petition in 498a ipc case before the high court.
You cannot file quashing in 306 ipc because till today charge sheet has not been filed there are number of supreme Court judgments same as your case is.
Wife committing suicide at her parental home no offence under section 306 made out and fir were quashed
Thank you All for all your precious suggestions. But mainly I was looking for solutions for my first question. i.e first 498 case(filed in 2012). 498 case filed in 2012, My advocate saying he will submit my wife's Death certificate only in the trial court and will try his best to discharge the case. He is NOT gonna submit suicide case documents(like FIR). I am not happy with this and I am insisting him to submit both Death Certificate and Suicide case(2014) related documents like FIR and death report. The reason i am insisting to submit for suicide case FIR is So that in future the trial court will not blame me as I have hidden the truth/fact and I was with unclean hands. The next hearing is on 8th of Aug. (Status: Examination of accused) So the question is should I submit only death certificate? Or both (DeathCert & Suicide Case FIR)? Lastly can I approach hight court to quash first 498 case based on Complaint no more alive and with some merits? Thank you All once again _/\_ Please throw some light on this. Have a good day.
Asked 6 years ago
you can submit both death certificate and suicide FIR
2) dont suppress material facts from court
Yes you can go for quashing in high court. Discharge will be on merits not on ground of death
Merely on the basis of her death your F. I. R will not quash.
You have to file quashing before high court only on merit as well as territorial jurisdiction on behalf of your parents
Death of victim is not a ground for closing of the case. Suicide incident not directly related to 498a case. So non disclosure of the same shall not be treated as hiding of material fact.
When charge sheet not filed even after 5 year it is allmost a dead case and be a strong ground for quashing the FIR in high court.
1. Upon the death of the defacto complainant the criminal case filed against the accused cannot be disposed without trial nor the accused can be discharged due to the death of defacto complainant.
2. Since no charge sheet has been filed in the second case, you can very well file a quash petition seeking quash the FIR.
3. Quash petition can be filed.
4. Merging of two criminal cases is not possible, you can request for joint trial.
In my opinion the criminal case cannot be quashed on the grounds that the defacto complainant died.
You may still consult another advocate on the other issues you were discussing here.