Can I move for quash on FIR dtd 01-09-2015
This is RAJA SEKHAR and my family have been resided in nellore, andhrapradesh state since 2012 april 28th till july 2nd of 2015. after that she left with kids nellore intensionally and went to her native place bobbili, mothers home...and she waited two months, filed FIR 498A 3 & 4 DP on 01-09-2015 in BOBBILI POLICE STATION, Vizianagaram dist. Andhrapradesh against me without any particular reason. at that time i got a station bail on 11-09-2015. now in FIR she mentioned additional dowry and physical & mental harassment against me and my family members.in FIR she didnot mentioned any section of law and also not mentioned put up a case against me. then can i move for quash to HIGH COURT, Andhrapradesh
thank u sir
Asked in Family Law from Nellore, Andhra Pradesh
1) your wife has to prove allegations made in complaint
2) HC will not quash FIR if allegations made in complaint discloses commission of offence
3) contest case on merits before trial court
1. Do not rush things up. Since you have got the bail wait for sometime till charge sheet is submitted.
2. Only after submission of charge sheet you can go for quashing.
3. Without knowing the full case history and the FIR I can not comment on the merit of the quashing case.
4. however I must add that quashing is very rarely allowed.
Hi, FIR has to be lodge by the police in the FIR it has definitely police will mention the provision of law.
2. Once the FIR has been lodged then you have every right to file a petition under section 482 Cr.p.c before the Hon'ble High Court.
For quashing the writ petition under article 226 and under s. 482 of crpc has to be filed, in the High Court. The petition must prima facie bring out that the case is malicious.
She cannot mention any section in the written complaint. It is the duty of police to register the complaint for the offences made out as per complaint's ingredients to mention the section therein in the FIR.
Going for quash of FIR is based on the FIR and the contents of her compliant, so if you have decided to go for quash you can very well proceed, however please be aware that high courts generally do not entertain such cases
If you have obtained anticipatory bail then you have two options-either to contest the case in the lower court, or to move the HC for quashing. Quashing is done only in exceptional cases where there is no semblance of evidence in support of the allegations. Without perusal of the FIR nobody can tell you the prospects of moving for quashing.
in present situation mere statement is enough to file FIR under section 498 A. but after the judgment of lalita kumari vs state of u.p. 2014 it is mandatory for the police and court to initiate preliminary inquiry before issuance of warrant.
if there is no prima facie case against you than you can file application under section 482 crpc ( on the basis of lalita kumari case) and quash FIR. if court finds that there is no reason to believe that offence is committed court shall quash the FIR / proceeding. FIR may be quashed before starting of trial (pre cognizance stage)
file an application for quashing of FIR
The sections putting in FIR is police and not your wife. When a complaint get the police enquired in that complaint and they feel it is genuine they register an FIR and send it to court.It is the duty of the police to put the section as per ingredients contain in the complaint. The best option is contest the case on merit.
When the high court quashed a criminal complaint on consideration of certain documents produced by the petitioner, it was held by the supreme court that the order of the high court was illegal, as only when the high court comes to a conclusion that no prima facie case is made out, based on the complaint and the documents accompanying it, that the court could quash the complaint.
Mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding. High Court is empowered to quash a criminal proceeding where it is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. The Courts are also empowered to quash in case where the allegations in the FIR even if taken at their face value do not satisfy the ingredients of offence complained therein.