I filed a police complaint on my wife stating that She and her father is threatening me and my parents that they will put us behind bars for questioning her behavior after drinking alcohol. In retaliation to this they filed a dowry harassment complaint on me and my parents . Police forwarded the complaint to the Dowry prohibition wing for enquiry and report . The district social welfare officer and the protection officer has given a report after 4 enquiry sessions , I showed them all proofs that her sreedhan and the dowry that they demanded from me was in her parents bank locker and I have never operated the locker from the day they gave me the operating rights. Based on the proofs that I submitted the District social welfare officer gave a report that there is no grounds for dowry or dory harassment which proves that their complaint is false . Knowing this my wife modified the complaint 1 month after the date of the report with the same date of the old complaint to include 498A ingredients and urged the police to file 498A FIR on me and my parents ( I have the copy of both the police complaints filed by my wife) . After 4 months of filing the FIR one fine day morning police detained me without giving any sec 41A notice to me I was not aware that there was an FIR on me. I have proofs of police detaining me in the morning and I signed the 41A notice in the police station after the police forced me to sign them. Now police have prepared the charge sheet with sec 498a and 120B on me and my parents. All her allegations in both her complaints are vague with no specific cruelty that we have committed she has just mentioned that we harassed her , tortured her and harmed her physically and mentally. With the above fact please tell me if I can quash this FIR in High court and also advise me on the probability of the FIR being quashed. *I was detained by the police for 20 hours not arrested
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You first get enlarged on bail and wait for the police to complete the investigation and file charge sheet before trial court.
After that you can file a petition to quash the charge sheet because high court generally fo not entertain petition to quash FIR because the FIR don't reveal the details.
File petition in HC. For quashing of FIR and charge sheet
rely upon earlier complaint against you being closed
also allegations are vague
- Since, the District social welfare officer gave a report that there is no grounds for dowry or dowry harassment and their complaint is false , then it can prove that the said FIR is filed by the police on the instigation of the complainant
- Hence, you can approach the High Court for quashing the FIR , if charge sheet is already filed before the court.
Dear client, you can go to high court for quashing the FIR under sec 482 of Crpc basing that it was based on false allegation and with malicious intent. You can substantiate your pleadings with the report of social welfare officer and any other evidence. You can along with the quashing petition can plead on the illegal detention by police.
Quashing of FIR is often not entertained by court since investigation is not completed yet.
So you better wait till submission of charge sheet and then file for quashing.
File a quash petition in HC against the chargesheet once the same is filed in court and the magistrate takes cognizance of the same.
You can file for quashing and try your luck
