Greetings! I and OP staying in Delhi. We had nikah in Oct 2022. I am a government officer. At the time of marriage, both parties had signed a NOTARISED GIFT DECLARATION under DP rule 85 (a statutory requirement) with signature of neighbours and family of both parties. The girl deserted me from a honeymoon hotel WITHIN 5 (FIVE) DAYS of marriage as she found me “miser”. She signed the list of belonging being taken away by her at the reception area of the hotel (in presence of 4-5 staff including female), whose video recording I have in original phone. In April 24, she filed a false FIR on me and my whole family @ 498A/406/34/506/509/377, in which NO 161 STATEMENT TILL DATE, no chargesheet. 50 LAKH STRIDHAN LIST BUT 0 BILL. Girl belongs to a destitute family. Girl SECRETLY REMARRIED & DIVORCED another man during pendency. Recently she did MOU with me, and based on that 482 quash petition moved in Delhi High Court, however hon. Court is reluctant to quash the same noticing the graphic allegations of 377 and its videography, and NO STAY on Investigation has been passed. 1 IO has seized my mobile to investigate videography allegation. I have submitted, as the whole FIR is false, and I have my evidences against the OP in the same device. OP falsely alleged, “a mobile was used for videography” without specification. What will I gain even if nothing incriminating found in my mobile? 2 Will Police chargesheet me just on the basis of phone seizure (NO 161 STATEMENT or other evidence TILL DATE except FIR)? 4 Police has taken my evidences on record (by giving GD No). How to get an FR on basis of my evidences when the state has 0 evidence against me till date? 4 OP has forged the status of mehar (valuable security) in nikahnama by giving false info to qazi. Later qazi rectified the mehar status on nikahnama after talking to both parties, and showed it as immediate payment (at the time of nikah). But OP is claiming non receipt of mehar in her FIR presumable relying on the forged nikahnama though she has not mentioned the same. Is it a case for FIR @ 467, 420, 471 IPC? 5 OP shows me as husband in complaint/ FIR, though I had sent her a sharia divorce notice (ahsan) before her complaint date. Later she remarried and divorced. How to utilise it?
1) police generally do not conduct investigation but file charge sheet
2) it amounts to forgery
3) you can take the plea that you are not her husband that you were already divorced at time of complaint and girl has remarried and divorced her second husband too
1. The police may look for evidence related to the complaint, if nothing found then they will not be able to prove their case.
2. You may have to wait for the police to file chargesheet after completion of investigation.
3. You may have to extract contradictions about Mehr during cross examination.
4. You produce the evidence in your side and it marked through her during PW1 cross examination to falsify her allegations.
1. If nothing found against you then the said FIR will be quashed
- Further, As per Delhi High Court in the matter of Navtej Singh Johar versus Union of India, Section 377 of the Indian Penal Code , which criminalized "unnatural offences," is not applicable to consensual acts between a husband and wife.
2. If nothing incriminating found then the police can file a Closure Report
3. If she has given false information at the time of marriage, then this marriage can be declared as null and void.
4. You can submit the proof of her marriage before the Court and also to the police
You can contact me, if further suggestion needed.
1. On last hearing in MOU based 482 quash petition, hon. Court rued misuse of law. If MOU based 482 quash petition is to be rejected, should I move amendment to turn it into a merit based quash petition or should file afresh? 2. Is there any harm to the complainant if she doesn't give 161 statement and forgets the case? 3. OP has forged the status of mehar (valuable security) in nikahnama by giving false info to qazi. I wish to approach court under 156 (3) for filing forgery case against the OP. Should I act immediately, or after my MOU based quash petition is decided? 4. While requesting forgery case against the OP under 156 (3), can I request fair investigation in the same petition?
The supreme court has recently held that once compromise is made then mere prima facie presence of offence does not stall the power of court to quash the proceeding.
So you can challenge the decision of the high court before the supreme court.
If the lady supports the settlement made between two of you then I do not find any reason why the quashing on mutual consent would not be allowed by the supreme court.
File appeal against order in SC
2) wait till quash petition is decided
3) don’t antagonise complainant at this stage
1. If the Court rules that there is misuse of law , then the petition can be rejected/dismissed by the Court, and the petition cannot be amended
- You can re-file the petition on new cause of action
2. 161 statement having no much value in law , she can deny to give her statement , and it will have no affect on you.
3. Wait for the outcome of the High Court
4. Yes,
Dear Sir,
it is suggested that you proceed for the quashing petition before the High Court and get tis decided as soon as possible. if the same is not decided in your favour i.e. if the case continues, then contest with tooth and nail on merits and the ensure that the complainant of the said case faces punishment for filing the case on wrong and concocted facts. Also file case under section 156 (3) Cr PC if the police is not filing the FIR and proceed agressively. Also file the application for investigation under supervision of the Court. Truth prevails and the things will go in your favour certainly.
A second quash petition may be filed, even after a previous one was dismissed, if it's based on different and newly discovered grounds, or if there are changes in the material circumstances.
If the first petition was dismissed due to a procedural error or without properly considering the merits of the case, you might be able to file a second petition.
The court has the discretion to decide whether a second petition is maintainable.
To be successful in filing a second petition, it's crucial to demonstrate that the new grounds or changed circumstances are significant and relevant to the quashing of the FIR.
If the new grounds or circumstances are simply a repeat of the earlier arguments, the court may not entertain the second petition.
Yes you can request further investigation. Police can chargesheet you if any material against you is present
Thanks a lot. My advocate is incommunicado. Now I wish to appear in the matter as PIP ( I do have prior experience as PIP). Do I need to file a cri. misc. appllication to the registrar, informing the same beforehand, or appearing on the next date and oral mention would suffice?
Issue notice to lawyer that you do not want to continue his services
2) send notice by registered post or speed post
3) on next date of hearing inform the court that notice has been issued to your lawyer by post and you want to appear in person
File a formal application with the High Court's Registry.
The court may require a preliminary assessment to ensure the applicant understands the legal process.
After scrutiny, the court issues an order allowing the applicant to proceed as Party-in-Person
File a one-page Cri. Misc. memo with the Registrar before your next date, stating you wish to appear PIP (and serve it on the opposite party). You can also make an oral mention, but filing the memo avoids any delay.
You can seek permission of the Authority you are appearing before
You may appear in person and submit your defence in oral and also submit the court to the effect that you have disengaged the advocate and he may be discharged.
- You can mention orally before the Court on the date of hearing.
File a Criminal Miscellaneous Application ensuring procedural clarity and avoiding delays. If time is short, an oral mention on the hearing date is permissible.
