Dear sir,
You can file for quashing of FIR before the High court and state the case. Collect all the evidence regarding the innocence and state before the Court.
Thank you
498a , 323 ,306 and 506
Status - Permanent Resident Canada Date of Marriage - 10 November 2019 Left India- 22 November 2019 Reason - Opinion Conflicts in Canada Wife Left Canadian house- 26 June 2020 After that she resided with her brother in Canada Father in law filed complaint - 27 Nov 2020 ( Wife in Canada) FIR registered by father in law - 19 April 2021 Wife Landed in India - 27 March 2021 FIR registered against- Husband LOC issued as well. Challan presented by police on 28 May 2021 Pp objected to provide evidence. In laws mentioned will be giving in court. Challan accepted again on 7 July 2021 with a note relaying evidence will be provided In court False case as there is no evidence of dowry . Marriage Expense occurred by Husband family. Wife's mother showing paper bills without gst. In laws mentioning all cash transaction in India when we reside for 10 days. Cash transaction of dowry is 20lac that too in cash Everything ( Opinion Conflicts) happened in Canada coz of mother in law interference. No one visited Canada since marriage Bail Granted with permision to go out Job in Canada Court called on 19 August 2021 What next steps should be followed? Temp lawyer hired. Looking for suitable recommendations
Asked 4 years ago in Family Law
Religion: Hindu
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11 Answers
It's 406 not 306 I repeat its 406 sorry for typing mistake
Asked 4 years ago
File for discharge before trial court if there is no evidence on record against you
quashing is to be done only in exceptional circumstances
Act as mentioned herein above
Court has called on 19 August to give the copy of challan. At what stage discharge and quashing circumstances couldn't get that could u highlight that as well. Thanks
Asked 4 years ago
Quashing is to be done only in exceptional circumstances
2) HC is reluctant to quash fir pending completion of investigations
3) if there are allegations made against you in FIR and charge sheet HC would direct you to face trail before trial court
4) you can apply for discharge before trial court
Discharge application is the remedy provided to the person who has been charged maliciously. If the false allegations have been made against him, he can file an application for discharge. He is entitled to acquittal if the evidence provided to the court is not sufficient to prove the offences levelled against that person.
This application can be filed even before the charges have been set against him if the judge contemplates that there are no sufficient grounds available for implementing the proceedings against the accused.
In your case, you should file an application for discharge as the chargesheet has been filed in your case and no proma facie has been made against you by way of irrefutable evidence.
Alternatively, file for quashing of FIR under Section 482 of Crpc in High Court FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated, FIR is bogus and frivolous and chargesheet also shows no prima facie case being made out.
Dear Sir
For the FIR to be quashed you will have to establish that it has been either frivolously filed with some mala fide intention or that it lacks content and there is no prima facie evidence that points to you.
Courts usually quash FIR where there is no chance of the accused person being convicted and there is no point in continuing the criminal trial.
Thank you
- You can approach the High court for quashing the FIR anytime , however it is suggested to file the same after getting the charge sheet copy from the court.
- Further , after going through the charge sheet , if you think there is no evidences against the allegations levelled , then FIR can be quashed.
- Further , if she not having any documentary proof for fighting and threatening , then the section 326/506 can be dropped .
Since the challan has been filed in the court, the court may begin trial very shortly.
You may have to engage the services of a skilled lawyer to participate in the trial proceedings and defend your interests.
You have not mentioned any section of law in your previous post, hence you may do not get frustrated over the developments, since it is a false case, let your advocate handle the case effectively to get the allegations nullified during the trial proceedings.
You can file a discharge petition before the trial court on the same day besides file a quash petition under section 482 cr.p.c. before high court simultaneously.
When you get challan copy you can after that you can file for discharge application.
You can also go for quashing if you have merits in the case before HC.
If you need any further assistance then you can approach me through kanoon or LinkedIn.
