Hello, My legal wife lodged two FIRs on same set of allegations 1) Dated 22-12-14 : IPC 498A from Faridabad, She live in faridabad. 2) Dated 24-12-14 : IPC 376 from Gurgaon. She mentioned rape charge in gurgaon FIRs content are same. Allegations are same. I have filled petition in the HC. HC order "Notice of Motion" to legal wife and IO. My questions are. 1) How do i can quash the any one FIR ? and what are the grounds i need to put in the HC. 2) Any Judgment related to Quash of one FIR when allegations are same? 3) What are the steps i need to take care to get the stay order from HC. 4) which FIR first get quashed or stayed? Expert please advice. Regards
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1. The 498A case is unlikely to be quashed but the case u/s 376 will be quashed as marital rape is not recognised in India.
2. On the basis of same allegations 2 FIRs may be filed
3. Highlight the case. There is no specific formula on this. If your case has merit then the court will grant stay. Without seeing the FIR it is difficult to advise on merit of the case.
4. Case u/s 376.
1. You have already moved the HC. It is not clear if you have gone to HC for quashing or to seek bail. If quashing has been sought then you cannot take additional grounds now.
2. The crimes of 498A and 376 are two different crimes. As a corollary thereto, two separate FIRs can be registered. The similarity in allegations does not allow you to seek quashing.
3. Either of the two FIR can be quashed by the HC.
If you consider both the FIRs are based on false information, you may file petitions for quashing both the FIRs.
This seems to be gross violation or absolute misuse of law by her to wreak vengeance against you on the matrimonial disputes between you both.
Since both the FIRs are from different places (police stations), you may consult your advocate about filing quash petition separately or to obtain anticipatory bail in both the cases and challenge her false cases during trial before the trial court.
Hello All, Thanks for the reply. Accused is on bail now in both 376 and 498a cases. We have moved to HC for quashed the 2nd FIR. Facts in both the FIR are same. IPCs are different. 1) Does crpc section 300 can be apply on the above cases. 2) Can any one please tell me any judgement for section 300 quashed FIR? 3) What is the basic difference between section 300 and Double Jeopardy? 4) charged has been framed for IPC 376 but not yet framed for IPC 498A, Which case can be stayed or quashed by HC. Regards
Though both the cases are filed under two different sections, the rule for double jeopardy will apply to our case. The provisions of the section referred above is furnished below
300. Person once convicted or acquitted not to be tried for same offence.
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub- section (1) of section 221, or for which he might have been convicted under sub- section (2) thereof.
A few settled law citation references are given below you may download them and see how much it will be useful to you.
Syed Mohammed Ibrahim S/O Syed ... vs State Of Karnataka By Magadi Road ... on 12 December, 2012
Kasinathan vs The Circle Inspector on 2 September, 2008
State Of Rajasthan vs Saleem on 9 January, 1986
High Court Of Karnataka vs Izher Baig on 17 December, 2014
High Court Of Karnataka vs Syed Mohammed Ibrahim on 17 December, 2014
1. 300 CrPC can be applied subject to the facts of the case.
2. We cannot provide you legal literature here. Show your FIR to the lawyer and let him form an opinion on whether any of the two provisions can be invoked in your favour or not.
3. Both cases can be stayed and then quashed.