The best way is to go for quashing all family names through High court, so in future you all should not face same or repeat consequences.  

Agree with IO for removing name of other family members and regarding you, can approach High court for quash of FIR.

Wife can file protest petition agasint removal.

1) don’t file for quashing 

2) let their names be removed from charge sheet 

3) quashing is to be done only in exceptional circumstances 

4) your family members can file case of criminal defamation against your wife 

Based on facts of your case, I would suggest going for quashing of FIR registered against you and your family is more ethical and supportive to you than depending upon I O .

By quashing of FIR registered against you provides you control over the matter but depending upon I O would make you conditions and matter uncertain untill the outcome. 

Once FIR registered against anyone in cognizable offenses and matter under investigation then it is very difficult to remove the name of suspects by IO .

Hence quashing proceedings for you would be best rather than rushing behind I O for removing your name from FIR.

1. Yes. If after investigation few names doesn't appear in charge sheet then this is best option. 

2. Quashing is rarely allowed and it's more an exception than a rule. 

3. Yes.

4. Counter case can be filed even without removal of their names. 

5. Yes.

Hi 

1) In your case, it appears that the investigation officer has NOT found any prima facie material against some of the persons named in the FIR and as such the investigation officer has used the powers vested him under 173 Cr.P.C and has removed the names in the charge sheet.

2) So, technically, if some names are not included in the Charge sheet by police, generally jurisdictional magistrate also will approve the exclusion after going through the contents.

3) So, you do not need go to High Court for quashing some of the names excluded in charge sheet.

4) At the time of filing of charge sheet, the complainant will also have the right to obtain copy thereof and she can approach the magistrate and file her grievance if any and ask the magistrate to look in to lapses if any in charge sheet.

5) Once the names are removed from charge sheet, such of those persons can file defamation case against the complainant. 

6) Yes, you alone go for FIR quashing using Section 482 Cr.P.C  if you alone is named as an accused in charge sheet.

Hope this information is useful. 

1. it will be good if IO removed the names, however, the Court can summon under section 319 CRPC during the stage of evidence but it will have a less impact,

2. if other names are removed by police, you can opt for a discharge application or quashing petition,

1. I.O. of the case having no power to remove the name of accused , if once it came in the FIR and in Charge sheet , expect High Court .

2. Yes , you should approach High Court.

3. Yes, she can approach higher official of police and even court. 

4. Police only can suggest the court for quashing the FIR allegation against your family members.

5. Yes.

Dear Sir,

My answers are as follows: 

1.shall I accept as IO said and remove name in charge sheet?

Ans: Yes, you can believe IO version because Supreme Court itself  said that except the name of husband the names other family members to be removed from the charge sheet.

2.or should I go for FIR quashing to High court ?

Ans: You may go for quashing of FIR against you only but it has not chance to be safer side you may include the names of your family members as petitioner and seek quashing of  their names form FIR.

3.if police removes the name in charge sheet, can wife again file any case on them?

Ans: In rarest of rare cases such thing happen the charge contain material allegations in the charge sheet statements.

4.once police remove family members name ,can they file counter case and if so will it be strong ?

Ans: Yes, defamation case may be filed both civil and criminal as follows.5.if rest names are removed by police ,can I alone go for FIR quashing ?

Ans: After filing of charge you can file discharge application before the Trial Court if the names of your family members is removed. If this application is dismissed then you can go to the High Court seeking discharge.

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Dear Sir,

No person including spouse cannot damage reputation of another spouse as such it is your civil right to file a civil suit restraining her from approaching any of the above medias and from publishing anything about you.  Further you may file defamation case on the available date.

Can defamation case be filed even after the case has been closed ?

Dear Sir,

Best of my knowledge firstly you should go with the case which is the imposed by outsource employees. If it is proved that your outsource employees falsely imposed you have a strong ground for file a defamation case. on other hand defamation is defined as the writing, publication and speaking of a false statement which causes injury to reputation and good name for private interest. Defamation can be viewed criminal as well as civil offence. under Sec- 499 & 500 of Indian Panel Code victim can be filed a criminal case for defamation against the accused. Punishment for the guilty person is simple imprisonment which may extend for 2 years or fine or both. for civil suit you can move High court or subordinate court under Law of tort for damages in the form of monetary compensation.

Dear Madam,

Yes, you can file defamation case because it lowers your image in the family circle which is more important for a person to survive.  If such rumors are circulated then you cannot attend social functions and if attends you have to face insults.  It is a social stigma falsely created by them.  You have to file before magistrate court through advocate u/s 500 Cr.P.C.  First convert some conversations into text form and give big list of witnesses who received such phone calls.

Discharged from 376 IPC - advise legal options available

Dear Sir,

She has done a serious mistake by lodging false criminal complaint against you thus she has committed a mischief which is unbecoming of holding a public office and after short domestic inquiry her services will be terminated if you lodge a complaint with her head office enclosing copy of discharge order.  Secondly you can file a criminal and civil defamation case claiming huge compensation since your reputation in the society has been lowered.  The finding given by the court is sufficient to establish defamation.  Discharge is a strong document saying that no such complaint ever lodged and no stigma will be attached to you since the said complaint itself erased from the record.

I humbly suggest that never ever bribe the IO, as the opposite party will also make an offer to add names in Chargesheet. This should not end up in auction. Rather, i suggest you to approach High Court to quash the case against you and your family members but generally the High Court will insist upon filing Discharge Application before Trial Court. On the filing of discharge application there is also possibility of you being discharged. If not option to go High Court will always be there. 

To be precise in the legal opinion it is important to note the contents,  nature of allegations, etc of FIR, Complaint and Chargesheet before the next legal course of action.

1. Develop,rapport with the IO and accept his proposal to remove the names of other accused. Thereafter ensure that he files the charge sheet at the earliest keeping loopholes therein.

2. After the charge sheet is filed against you, file a petition before the High Court u/s 482 of Cr.P.C.praying for quashing the FIR based on the said loopholes left by the IO in the charge sheet filed by him.

3. If police removes the name from the charge sheet after conducting investigation about the complaint lodged by your wife, she can not lodge lodge the same complaint against as per law.

4. They can file any case against you but that will have no legal leg to stand.

5. You shall have to file the quash petition as advised above.

Its advisable to go to the high court and seek for quashing since any action of investigative officer is liabile to be challenged by your wife. Once FIR is registered he can only file a B report and not remove names as he likes. As such don't fall to IO and approach court 

Dear Sir,

1 & 2 : An FIR is quashed in rare cases. If the IO is removing the names, it is a very good opportunity. Accept this option. 

3. The names would be added again if the wife files a protest petition and satisfies the magistrate that their names should not have been removed. If at all that happens, you can move before the HC for quashing.When you are getting relief from one source, do not exhaust all your remedies at the same time. 

4. They can file a case of defamation and malicious prosecution and claim compensation. 

5. Yes, you alone can approach the HC for quashing. But remember, the HC will quash only is it appears to it that no offence is made out, or if prima facie the allegations are completely baseless.

Hope this helps.

Best wishes.  

Get it removed if he is doing so. And later go quashing for remaining names. Yes wife can file case if she wants to you can contest it later

1. IF the charge sheet hasn’t come as of yet; the IO very much has the power to file/not file charge sheet against all the accused. Thus he’s right when he says that he drop the names of few from the charge sheet.

2. Take the route suggested by IO instead of going to court 

3 yes, she may file a protest application 

4. they can file counter cases even now.

5. Yes, this will be a much better strategy 

Let police remove the name and after that you should file a petition for quashing of the FIR.

1. Yes IO in charge sheet can remove the name of other accused further on your behalf you may file quashing petition before high court. 

2. The wife can file an application before court to add them back though you may contest dake

 3. See of their name is removed from the charge sheet and further court deny adding back their name they can file defamation case adding them.

1. Yes you can accept. 

2. Go for quashing also...rite now.

3. Yes names removed by IO can again be added via court orders and surely your wife will again try to get those names added.

4. Yes counter cases can be filed. Strength of case depends on proofs.

5. Yes

1. If IO has assured to remove the names of others from the charge sheet, then you can wait and watch till the charge sheet is filed before court after which you can file a quash petition under section 482 Cr .p. c. seeking to quash the charge sheet.

2. High courts generally do not entertain the FIR quash

3. She cannot file a fresh case against them but she may file an application before the concerned judicial magistrate court seeking re-investigation and include their names 

4. Even without removing their names,they can very well file counter case provided they have any evidence to file the same.

5. Read the first answer above  which answers this question too. 

If he is willing then do what he says. Police knows that these cases are false. She can challenge the charge sheet but she won't because she knows that she is telling a lie. They cannot go on filing cases again and again.

Yes then you may go for quashing.

during the investigation, if there is insufficient evidence against one or more named accused, then Police can remove their name(s) or would not include their names in charge sheet.. 

1. You can wait for IO to file chargesheet in which he exonerate your family members but in this case complainant can make application under section 319 CrPC for summoning of discharged accused.

2. So it will better to go for quashing of FIR against your family members.

3. Yes your wife can make application under section 319 CrPC against your family members after her evidence.

4. Yes they can file counter case but only if they have strong evidence to prove the case. 

5. Yes. 

1. Don't rely on police.

2. If there is a cause of action to file petition for quashing of FIR qua other relatives then it should be filed.

3. Even if police files a negative final report against some accused the complainant has the remedy of filing a protest petition. On the basis of protest petition the magistrate can reject the cancellation report filed by police and summon the accused.