Quashing is to be done only in exceptional circumstances
2) in your case trial has already started and cross of complainant completed
3) HC would not quash FIR at this stage
4) it would be waste of time and money and further delay the trial
Quashing of 498A
Me and my wife were married in 2015 and living separately since 2016. In 2017, she had filed false cases in Bhopal in 498A, DV etc. Sec 125 maintenance is finalized and I'm paying it. In 498A, we are in the trial stage and my wife's statement and cross are completed. Till now its pretty much clear that she is to lose as stories are different in compliant, FIR and now in her statement and cross. - No medical evidences produced. - No clear dates of incidents and no details of incidents provided. - She agreed to a phone call between her father and my relative confirming that no dowry was taken. - All timelines in the case are mismatched. She has just said basic remarks - maarte the, dahej maangte the, saas ne dhakka diya, saas sasur husband dahej maagte the, etc etc no specific allegations backed by dates and evidences of same. Now in such a case under trial, I wish to go for quashing for my parents or entire case. My queries: 1) Can I go for quashing against my parents or entire case now as only bogus stories are there and no evidences are produced in trial till now. The case is devoid of any medical records, any timeline, no specific incident dates. 3) The case is lodged in bhopal from date I visited bhopal after marriage once and parents did not visit bhopal even once till case was filed. So doesn't the jurisdiction lies in jaipur and not in bhopal? Can parents get quashing done on these ground.
Asked 2 years ago in Family Law
Religion: Other
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9 Answers
Dear Client,
You can appraise the Court that there is no material evidence against him even after the investigation in the matter.
1. You should file quashing petition for your parents firstly as there is no medical or their involvement. The High Court generally not quash the case against husband before evidence of the case.
- Further, she will have to proofs her allegation against you in the evidence, and if there is no documents are filed then there is no chances to pass any order against you.
3. Legally she can file the case from the place where she is residing presently , however you parents can move an application before the court for permanent exemption from appearance.
Dear Sirs, My father is 72 years old and mother is 66 years old. The key points missing in case - through I understand its too late but still we are suffering from false cases so want actual legal stand as per law books. 1) The police of bhopal never visited Jaipur for investigation. Nor my parents went to bhopal on date mentioned in fir and so each incident against my parents is happened in jaipur. So isnt the investigation improper. 2) Only its mentioned against my father - "dahej maaang the", no time, date or actual incident reported. In cross examination also, she gave the whole month and not single time and place of incident. 3) No specific incident against my father in FIR or in statement in front of judge 4) No specific incident against my mother in FIR but in front of judge she said my mother pushed him and she fell and she suffered fracture. However, no date, time and place of incident and witnesses mentioned. No medical record of fracture and beatings provided to court. Further, if incident happened then not complained in police. 5) From june 16 to Feb 17 - she was at parents home. Left in June 16 and complained - FIR done in Feb 17. Only reason provided is she wanted to save marriage. Incidents alleged are of previous months. Can a FIR or case be registered even with such significant delay? There are other points also to raise to HC. As senior citizens and also as a individual, if trial starts and we missed to move to HC earlier due to ignorance of law, now their rights are legally curtailed? If I try for quashing for my father and mother, what are chances of HC now looking into the misuse of law and police mechanism and stop this harassment of old parents.
Asked 2 years ago
You have good case on merits
from facts stated by you your family members would be acquitted in 498A case
however HC would not quash case at this juncture as trial has already started wife cross examination has been completed
1. The quash petition may not be maintainable at this stage especially when the trial of the case has already begun. The contradicting information provided by her before court during cross examination is not a conclusive proof to prove that you are not guilty of the charges leveled against you.
You may have to wait until the court concludes.
2. If Bhopal is her place of residence, the case filed in Bhopal is well within the territorial jurisdiction.
You can extract the truth during cross examinations, the contradictions of which would be of immense help to you.
There are no rights at all hence there is no curtailment.
Ignorance of law cannot be claimed as an excuse.
If you can come to court for all these years, how could this thing escape your thought. You think that since she has given contradictory statements you can approach high court to quash the case, whereas the court will not be impressed by your fancy ideas.
You may have to follow the due course of law and cannot claim exception to your ignorance of law.
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Yes you can proceed with quashing if no case is made out HC will quash the same at least for your parents
Dear Client,
FIR can be filed even with delay but the delay will be questioned in the trial. you can give your reasons for not attending the hearings. as there is no mentioning about your father and mother in FIR, you can ask for quashing of the same but court will consider all the issues and decides to quash or not.
1. Your parents can state before the court on his evidence
2. Raise this issue at the time of argument in the case
3. He can take plea in his evidence that she has falsely implicated him in the case , as there is no evidence
4. If there is no medical report , then it will go against her.
5. Since the matter is already started and evidence is going on , then they can prove in their statement that she has dragged them in the case falsely and wanted to take the benefit of law on the ground of daughter-in-law.
- Further , they can approach the High Court for quashing the FIR , on the ground of her statement before the court