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file for quashing in HC
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I am charged with 354 D , 34 IPC in charge sheet. Brief history is as follows. First accused is Me. Second accused is a female . I got a mutual dicorce in the year 2017. In the year 2018, my ex wife's younger sister filed a petition claiming me and my colleague (2 nd accused who is a Female) was sending obscene messages in phone and facebook to block her marriage. The FIR claims that i posted bad comments from a face book account that was fake. The police called me at the police station and granted station bail saying they will enquire in Nov 2017. The accused2 didn't come to police station as she was studying in another state . Now in 2022 they filed a charge sheet in which my ex wife's sister , my ex wife , and their parents have given statements , that I was the one who handed the telephone numbers of the complainant( my ex wife's younger sister ) to the 2nd accused. They also have submitted a CD along with charge sheet claiming it was handed over by the complainant which contains some obscene images and screen shots of chats . To date the police has not asked my phone or laptop or anything of such sort mentioned in charge sheet . Though charge sheet was filed on 2022 Dec, the case is pending for returns of summons to accused 2 . I haven't Done what's accused and I'm loosing many jobs abroad as it's been 6 years and my passport got expired and I won't get a PCC. My advocate said he will apply to quash the case and is not doing anything in high court for the last 1 year . I need justice . It's not fair for the judicial system to keep me as accused for past 6 years just to clarify if I have handed over a number to someone. What should I do . I need inputs .
Asked 1 month ago in Criminal Law
Religion: Hindu
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7 Answers
If your lawyer is not cooperating then you can change the lawyer and file the quash petition or petition seeking expeditious trial before high court
The chances of success in quashing cases are very bleak. However, since you have already filed the same try to get it heard.
If quashing fails in the same cases in the same case you can seek speedy disposal of the trial within the specified time limit.
- Since, she is the sister of your ex-wife , then the said allegation may be considered as feeling of revenge
- Further, as in the existence of the FIR , you cannot get PCC by the police , however you can move an application before the same court for granting you permission to go abroad for work , as it is your fundamental right.
- Your case is looking fit for quash , hence you should approach the High Court for quash of the FIR
- If your present lawyer is not supportive then change him .
Now quash petition is not maintainable. have to apply for discharge
Dear client
I
understand this situation must be incredibly frustrating. Here's some information and suggestions that might help:
Understanding the Charges:
354 D IPC: This section deals with stalking. Since the second accused is a woman, it applies in this case.
34 IPC: This section refers to "common intention" where multiple people are involved in a crime.
Points in Your Favor:
Mutual Divorce: A healthy relationship post-divorce weakens the claim of harassment.
Delay in Charge Sheet: The significant delay in filing the charge sheet can be questioned.
No Confiscation of Devices: The lack of police investigation regarding your phone or laptop strengthens your case.
Recommended Course of Action:
Consult a New Lawyer: Consider seeking a second opinion from a criminal lawyer experienced in similar cases.
Discuss Quashing the Case: Explore the possibility of filing a petition to quash the case before a higher court (High Court) due to lack of evidence and unreasonable delay.
Gather Evidence: Collect documents like the divorce decree, communication records (if any) showing a cordial relationship with your ex-wife's family, and any proof of your alibi during the alleged harassment period.
Consider Anticipatory Bail for Accused 2: If the second accused is apprehensive about appearing in court, discuss the possibility of filing anticipatory bail.
Additional Tips:
Maintain a Paper Trail: Document all communication with your lawyer and court proceedings.
Be Patient & Persistent: The legal process can be slow, but persistence is key.
Disclaimer:
If you are a accused then you can go for discharge of for quashing in Hc
