1. FIR cannot be quashed merely for the reason charge sheet had not submitted or 41 notice not served,

2. FIR can be quashed upon some solid relevant grounds, however, wait till charge sheet is submitted,

3. if your name was not mentioned in the complaint and FIR you can file a separate complaint against the wife of your brother and concerned police,

4. no specific time limit for the submission of the charge sheet

since an adequate time has elapsed, therefore, try to MANAGE the matter or settle amicably 

You can go for quashing of FIR and also seek compensation and departmental inquiry against the said police officer. You can also pray for various sections in IPC to be applied to him and FIR must be registered against him. The Hc will give directions for the same

Police have to issue notice under section 41 A cr pc to record statement of accused 

2) police have to carry on investigations and then submit charge sheet or closure report 

3) quashing is to be done only in exceptional circumstances 

4) HC is reluctant to quash FIR pending completion of investigations 

1. Without 41A Cr.P.C they cannot arrest. It is tantamount to contempt of Supreme Court and makes the custody of accused illegal. Cops who do this are liable to be prosecuted.

2. Immediately file a Writ Petition for damages against state and policemen if you were arrested without complying with 41A Cr.P.C. I am hearing this for the first time.

3. Whether or not case will stand is an altogether different question as this boils down to the merit of allegations and material collected during investigation. Hence, nothing can be said without perusing the FIR and material for and against it.

4. If you and your brother have not been ordinarily residing in India for the period during which offences have been alleged to have been committed then you should immediately file a petition for quashing of FIR in the High Court.

5. Failure to file the charge sheet is no ground to seek the quashing of FIR as there is no limitation period to file the charge sheet in the first place.

1. Well, though it is expedient to serve notice under section 41 A crpc , the lack of doing this does not make the investigation irregular.

2. So on this basis alone you can not expect much in your quashing petition.

3. However if from the complaint itself there is prima facie no disclosure of offence against you , then your quashing petition has got merit.

4  However to brighten the scope of your quashing petition you must wait till the submission of charge sheet which can be expedited by way of filing a writ petition against police inaction.

Dear Sir,

 You can immediately get file quashing petition in respect of entire FIR OTHERWISE they may file charge sheet it is very difficult. In the meanwhile file a civil suit against your sister in law not file any such cases unnecessarily. There are some merits in your case as such you may get quashing order or at least stay on further investigation which is launched two years of separation thus 498A case is very weak.

Hi

Yes, go for quashing of FIR. 

It will be done.

File a complaint against the particular police persons to the S.P

Thanks

FIR can not be quashed under normal circumstances. 

Police can not arrest anybody in connection with 498A without making a preliminary investigation in line with the guidelines issued by Supreme Court.

You can file a contempt of court case against the police officer for not following the court order before making arrest.

Not filing a charge sheet for a sufficient long time say around 2 years may be a suitable ground for quashing FIR by High Court. Court generally shows  reluctance in quashing FIR if delay in filing charge sheet is not long enough.

Whether the case has substance can only be decided on merits on evidence adduced in the case.

Yes would not be quashed just on the basis of non filing of chargesheet after 7 months and no 41a CRPC notice. In order to get the FIR quashed, you would have to satisfy the court that no prima facie case has been made out against you and your family members and it is a fabricated case to implicate you and your family.

You can file a complaint against the concerned police officials to their superiors in writing for their wrongdoings. 

No, on this ground FIR can not be quashed.

but you may file a quashing petition before the High Court if there is no allegation against you but the police made an accused to you. or you may wait till the submission of the charge sheet and file discharge application before the trial court.

Feel Free to Call 

1. See a quashing petition can be filed before the High Court for quashing of FIR since FIR is after though and filed after 2 years of separation also you were staying separately. FIR cannot be quashed on ground that notice was not served police can without notice also take steps.

2. There is no fixed time for charge sheet police on completion of investigation can file same before the court. 

Dear Sir/Madam,

You have a very good case in your favour and against the police for arresting you and also a good case for quashing and then for defamation against the lady who maliciously caused abused of legal process. 

Domestic violence is continuous wrong. FiR after 2 years is valid. 

Delay in submitting charge sheet is ground to obtain bail but not quash of FIR.

Investigation is pending, action against IO will decide after Perusal of investigation report/CS.

-  Under CrPC ,41A. Notice of appearance before police officer. – 

(1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

- Further as per Supreme Court : -

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

- Further if the accused under section 498A, supporting the investigation/ settlement /counseling, then bail is not mandatory, means it becomes bailable as per latest Supreme Court judgment.

- Hence, without giving notice the police cannot lodge an FIR or issue warrant against any accused legally. 

- Further there is no limitation for a police official to call accused for investigation purposes before filing charge sheet , till his satisfaction. But if the accused is feeling harassment, he may approach the top official against him and also can file an application before the court against him for the said harassment or limitations. 

- Since your name is not in complaint filed by your brothers wife , hence you cannot be apprehended for the offence.

- You can approach High Court for quashing the FIR , as your circumstances are fit for quashing. 

Hello,

You have to file an application under section 482 of the crpc for quading of FIR.

REGARDS

1. There is no merit found in the said case and police cant not arrest you.

2. Even for charge of murder, charge sheet is to be filed with in 90 days otherwise the FIR will be dismissed.

3. Now engage an experienced Advocate having expertise in this field and get the FIR dismissed for want of charge shet.

4. Thereafter file a case against the lady for harassing and damaging your reputation making the police also as necessary party claiming exemplary damage.

The police may do anything in this regard  even by flouting the law or violating the rules to their convenience.

Now the debate is not about taking action against the police.

You should concentrate to come out of this case either by filing a quash petition before high court or filing a discharge petition before trial court after the police files the charge sheet or by challenging the false cae properly as per law.

You can file a quash petition to quash FIR, but not on the reason that hey have not filed the charge sheet.

The high court may dismiss your petition with a direction to the police to submit charge sheet.

Hence you may  wait for more time for the police to fie the charge sheet  so that you can deny the allegations made in the charge sheet with documentary evidences in order to make your quash petition more stronger.

1. Quashing of FIR will not be possible until the investigation by police is Completed. 

2. Your parents should get application for anticipatory bail and tell court that they are ready to join the investigation. 

3. Chances for quashing are very good but only after investigation is completed.

4. You should send a written complaint against Investigation officer for arresting you without any complaint against you. 

Quashment of FIR is possible only when it does not prima facie make out a case or it depicts any issues that are civil in nature. All other truth will be revealed only through proper investigation.

1. There cannot be 2 FIRs for one incident. You may file petition for quashing of second FIR if it is in respect of the same incident.

2. How does addition of Section 354 IPC preclude you from getting anticipatory bail?

you have already filed for quashing in HC 

2) the court would consider fact that FIR has been filed after 2 years of brother leaving India 

3) Hc should quash FIR against family members 

Dear Sir,

Your input clearly indicates that there is some malicious action by police in registration of FIRs. But it is added that you are suggested to produce the said records of FIRs to the court and pray for quashing of FIRs. You have a good case. 

Police can only file fresh FIR with fresh incident and not old incident. You can seek the same Anticipatory bail continued in the fresh FIR if the offence is same

Well, two FIRs u/s 498A IPC against the same person is not permissible .

2. Sp this is a good ground for quashing for the second FIR but the remaining sections can continue as the nature of offences re different and can sustain separately.

3. However to comment on merit of the FIRS as regards its respective quashing the contents of the same is required to be seen. 

Quashing of FIR is on right track.

File a complaint against the police officials who manhandled you to the Chief Minister Office.

Thanks 

You are proceeding in wrong direction. 

Without investigation an FIR is not closed except where it is prima facie evident from the facts of the case that the FIR is frivolous or done with malafide intention.

I told you in my earlier reply you can take action against the police officer for violating the Supreme Court guidelines for arresting one in 498A case. 

Further once FIR is registered it puts criminal law into motion and only court can end the motion after trial.  You should be prepared for defence in trial court. 

The contradictions found in two FIRs , the local police reports, the inordinate delay in filing this complaint are among good reasons besides other procedural lapses by police. 

Your advocate should present his arguments strongly to convince court based on all such issues to get the FIR quashed. 

Two FIR for same offence is not permissible the quashing petition filed by you is correct decision proceed with same and also file complaint against the involved police officer with higher police authorities, CM and state home ministry.

Dear Querist

Quashing of FIR's can only be done when the High Court thinks fit and satisfied that there is no prima facia case has been made out against the petitioner as per the version of the FIR. because at the time of hearing the High Court only see the Contents of the FIR and if there is any alibi then the court may consider the same otherwise the High Court will dismiss the Quashing petition with the observation that the investigation is in initial stage hence there is no ground for quashing.

as per the sections mentioned in the FIR's and if Two FIR really exists then one FIR can be quashed as the contents of the FIR will be the same as section 498A, 509 of IPC and 3/4 of DP Act is attract in both the FIR.

Feel Free to Call

Police is acting under directions of higher authority. Seems girl family has high connections. 2nd FiR with same facts is abuse of procees and was file to frustrate anticipatory bail orders. 

One FIR will certainly will quash. File complaint agaisnt Investigation officer u/s 218 IPC.

Dual FIRs itself show malafied intention of police officials and this will comeout to be in your favour for quashing of FIR.

regarding your 2 cases you may file for seeking relief u/s 482 cr.p.c. before the hon'ble high court.

File a petition for fir quashing. Also highlight the issue of your arrest and subsequent release. The fir woukd be quashed. The police could not have arrested you when you were not named in the fir. They must be having some influence over the police.

There is clearly a malafide intention on the part of the police. How can 2 FIRs be filed by her. Also s.354 is added to further harass you. She must have improved the fir.

File a domestic violence case against her through your mother or any female.

- No FIR is maintainable on the same cause of action. 

- Since, you brother has passes only one week with her , then the ground of cruelty is very weak , and deserve to be dismissed .

- Further , No informing the local police is clearly showing that the police is having hands in glove with her.

- There are many ground for quashing the FIR , because it showing that the said FIR was lodged malafidely. 

1. Do the two FIRs have two different case no. for the same incidence detailed therein?

2. Ordinarily, police does not add any section afresh after the case appears before the trail court. It is the Court that adds or deletes sections mentioned in the FIR came up for trial. make sure whether the Court has dded the sections afresh of not in the same FIR.

3. However, file a Writ Petition before the High Court u/s482 of Cr.P.C. for quashing the FIR. 

1. As per the information mentioned in the present query, makes it clear that you have been dragged into this without even having your name in the FIR.
2. I would like to apprise you that 90 percent cases of these types are nothing but to harass the in-laws, so according to me and as per the information shared by you it will be quashed on merits.
3. For you as now have been ordered to serve with the 41a notice, you are safe even after getting the same they can not arrest you as they are acting in court order compliance.
4. But, yes, would advice for your other family members to have Anticipatory Bail if they happen to get any notice or now also even without waiting for the notice as per law if you have filed the quashing petition and there is no stay on the proceedings.
5. And you can initiate a suit for damages for arresting you without any role in the said case before the court of civil law.

Going by the contents of your post, it is a perfect case for getting the FIRs Quashed.

It is mandatory to give 41A notice to the Accused.  The purpose of the same is to record version / statement of Accused.  Subsequent to July, 2017 guidelines issued by supreme court without 41A notice the police cannot arrest the Accused.

The charge sheet will be filed by the Police upon completing the investigation, it will take time.

More often than not, the FIR will be quashed upon establishing the mala fide intentions / vindictive nature of the Complainant to harass the Husband and his other family members.

In your case, if the point of delay in filing the complaint after more than two years by wife is proved by you and convince the High Court about the vindictive nature of Complainant the FIRs will be quashed.

You can also take action against the erring police officials, if you have concrete proofs / evidence to demonstrate their active involvement / connivance with the Complaint with regard to arrest and other activities done by them.