1) quashing is to be done only in exceptional circumstances
2) HC is reluctant to quash FIR pending completion of investigations .
3) in your case charge sheet has been filed
4) it is better you file for discharge before trail court
498a
I have three questions in this regards: A) should i fight my 498a case on merits OR B) SHOULD I FILE FOR DISCHARGE OR C) should i go for quashing in high court. 377 report is negative 354 is against my father Got married on 30/11/2012.After marriage we started residing at the matrimony home in Mumbai and there after we got separated on 30th Dec 2015 due to matrimony dispute and my wife went to her parental home in Delhi. After reaching Delhi wife registered an FIR against me and my parents IN DELHI IN THE year 2016, u/s 498a,406,377,354,34 IPC. in which charge sheet has been filed in the year jan 2019 in the Hon’ble court of Delhi. However summons has still not been issued to us till date. The N.D.O.H in this regards is Feb 2020. Further on 01.10.2018 my wife again cooked up a false a complaint against me with wide D.D entry No:- 24/B, dated:-1/10/2018 in which my wife has specifically mentioned “ That on 26.05.2015 I have operated the joint locker in the name of me and my wife at kotak Mahindra Bank Mumbai with an unidentified women by forging the signatures of my wife and thereafter I have stolen all the gold and diamond jewelry of my wife. It is pertinent to mention that this complaint was not a part of the F.I.R and was an after thought and was later on clubbed with the FIR by the I.O and has been made a part of chargesheet but this complaint has a separate entry at Delhi P.S as mentioned above. Following above mentioned allegation the I.O of P.S Rani Bagh served me an arrest notice with regards to the above mentioned FIR and also clubbed the Forgery complaint along with it. There after my anticipatory bail application was dismissed by the Hon’ble Session and High Court of Delhi. Further one of the reasons for dismissal of my bail applications given in the bail order sheet by the Hon’ble Session and High Court of Delhi was that the Concerned I.O needed my signatures in order to send it to the FSL Authority, Rohini to verify the allegations of forgery leveled against me by my wife with regards to opening of the Joint Locker in mumbai by forging the signatures of my wife along with other heinous allegation mentioned in the FIR. Hence because of all this I had to spend 15 days in judicial custody and finally was granted regular bail by the Hon’ble Court of Delhi on 30th jan 2019 as the charge sheet was filed during the period of my arrest however the report from the FSL authority with regards to verification of signatures of me and my wife with regards to the allegations of forgery leveled against me by my wife was pending. In the mean time concerned Kotak Mahindra Bank, Mumbai also conducted an internal inquiry and thereby issued an enquiry letter clearly stating that “The signatures have not been forged and the locker was operated by me as well as my wife after proper sign verification and following the due process of the Bank. Further two days ago FSL report has come and in my favour and the IO will file a secondary chagesheet soon.
Asked 6 years ago in Family Law
Religion: Sikh
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20 Answers
Discharge would be only on behalf of my parents or me aswell.....
Asked 6 years ago
You can first try for quashing.Along with quashing you can also try discharge before trail court
Dear Sir,
It is better to go for Quash the FIR in High court.
Quash false 498a -Vague allegations in Fir 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.
A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations.
you can file for discharge on behalf of your parents and yourself too
See in this after the charge sheet is filed the best thing to do is to file a discharge application separately for all the accused's and contest same before framing of charges. Since the forgery is in your favor and that shows conduct also of complainant court may be inclined to grant you some relief. Therefore go with discharge if same is rejected file revision/appeal on same.
You and your parents can file discharge applications.
You should file a quashing petition in high court or may file discharge petition before the magistarate where ur case is pending for trial.if discharge petition u/s 245 rejected then you should go in high court for quashing u/s 482 of crpc
You can file behalf of your parents and yourself.
Thanks fo the valuable feedback from all of you. lastly in this regards i just wana know that although i completely understand the fact that it is very difficult to get an FIR u/s 498a,406,377,354,34 IPC along with false allegations of forgery to get QUASHED OR even get a discharge from the trial court but what i wana know that even if my FIR doesn't get quashed and/or may be even if i dont get i a discharge from the trial court but: A) is it possible for the high court to drop some of the charges if it finds it appropriate ?? I would be okay if it doesn't guash my FIR but atleast drop some of the charges by giving reasons.?? Just wana know the normal trend ?? Or are the high courts reluctant to drop charges normally while dismissing the quashing petition ?? Or can the high court say that make your arguments at the stage of charge before the trial court when trial begins?? B) like wise just give me a small brief with the trial court too ?? That how does a trial court normally deals with the discharge application from the accused ?? If the trial court is reluctant to give me a discharge can it drop some of the charges or will it say that if we want to drop charges please argue at the stage of charge when the trial begins ?? BECAUSE IF MY QUASHING PETITION IS DISMISSED AND MY DISCHARGE PETITION IS ALSO DISMISSED looking how relictant court are normally to give relief in this regrds AND I HAVE BEEN GIVEN INSTRUCTIONS FROM THE HIGH COURT OR THE TRIAL COURT THAT IF I WANT THE COURT TO DROP THE CHARGES THEN I SHOULD ARGUE BEFORE THE TRIAL COURT DURING THE STAGE OF CHARGE WHEN THE TRIAL BEGINS ?? Then the entire exercise would simply be a waste of time ?? So i just want to know the normal trend on how the courts deal in most of such cases ?? I understand that luck is also involved in all this and i will try my luck but also wana be a little calculative too so that my luck works and i get some decent relief from the concerned court ...
Asked 6 years ago
1) HC would not drop charges against you
2) trial court after considering arguments of parties decides discharge application
3)
The court may alter/ add to any charge at any time before the judgment is pronounced.
But if a person has been charged, the court cannot drop it He has either to be convicted or acquitted
1. The trail court can drop the charges. High court will refrain from dropping single charges in quashing petition the trail court has power to alter or modify charges .
2. In discharge the court may hear for all charges though as per material on record the trail court while deciding may drop or modify the charges.
3. See there is no specific trend as such for criminal case it depends on merit while decide the application the trial.coutt may drop the charges.
A) yes it's possible if primafacie it's false.
B) no trial court can drop charges by way of discharge only. No other provision. It can partially discharge you. The argument during charge framing is as good as discharge application
If the charge sheet has been filed then yo may opt either for quashing the charge sheet on merits and documentary evidences in your side or file a discharge petition on the same basis.
you have documentary evidences for she having done the acts of cruelty against you and your family members hence it would be better that you apply for quash for all before the high court.
Discharge can be field on everyone behalf also
251-A(2).
"If, upon consideration of all the documents referred to in s. 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he.shall discharge him.
253(1), "If upon taking all the evidence referred to in S. 252, and making such examination (If any) of the accused as the Magistrate thinks necessary, he finds that no case against the accused has been made out which, it unrebutted, would warrant his conviction, the Magistrate shall discharge him.
Nothing in this section shall be deemed to prevent a Magistrate fromdischarging the accused at any previous stage of case if, FOR REASONS TO BE RECORDED BY SUCH MAGISTRATE he considers the charge to be groundless.
The below mentioned judgment will throw some light to your query.
If no material/evidence is available on record to constitute an offence for which charge has already been framed against an accused, he can be discharged by the trial Court at any subsequent stage including at the stage of considering an application under Section 216 Cr.
A charge can be dropped before or after a charge has been filed. You may need a charge dropped by the prosecutor, or you may need a charge dismissed by the prosecutor, though a court also can dismiss a charge if the prosecutor has made a fundamental legal error in the case.
Only the prosecutor or the arresting officer is able to drop charges. ... There are a number of reasons for charges to be dropped in a criminal case. Though some people believe that charges can be dropped at the request of the victim, that is not the case. Only the prosecutor's office can make that decision.
1. You should content the case against you on merits.
2. File quashing petition in High court for quashing of FIR against your parents.
3. Try to settle the matter through mediation and go for compromise by mutual consent divorce.
Thanks all of you for the advise and taking out time for reply back. It has helped me clear many of my doibts. So what i have understood from your advises is that i will go for quashing first on behalf of me and my parents in high court and if it gets DISMISSED i will then file a case of discharge on behalf of all the accused.i hope my understanding in this regards is correct ?? I also wana ask A) that for quashing i am thinking to club my parents application together and my quashing petition i will file seperately coz my parents have legally disowned me....so is this the right way to file or should we all file together as one application??? B) on an avergae how many months does the high court take decide the quashing application and the trail court takes to decide the discharge application????
Asked 6 years ago
1) your understanding is correct
2) your parents can file separate petition for quashing in HC
3) it would take more than a year for quashing application to be decided
4) similarly discharge application would take over a year
There's no provision in law for legally disowning the relationship between son and parents.
You can file a petition including everyone for seeking quash.
The time taken by court for this cannot be predicted.
1. Yes your understanding for same is correct.
2. You should file separate petition.
3. See quashing petition may take time though you can seek stay on trial pending quashing.
Dear Sir,
It is better to file separate quashing petition in High court to get better result.
It depend on the work load of court proceedings. Once you file the applicaion -once you submit the compromise agreement or police submit the B report to court- it takes between 2–5 hearings to get the case quashed which will take anywhere between 10 days to 3 months.
You can file single application for all
It takes time depending on board of HC.