I am working in Army as an Officer. For better understanding of the matter, I have narrated events occurred in chronological manner in subsequent paras.
1. During my marriage my dad wanted dowry which I opposed, from there problem started. He started abusing my mother, wife and her family.
2.Last year he again threatened my mother and brother and warned them from attending my sons baptism function. He also opposed my brothers' marriage at the same time and started living with his brothers. My self and my mother supported my brother and conducted his marriage(on 25 nov 2013) in the presence of entire family and friends. My father skipped all functions deliberately.
3. On 24th nov 2013, my father had written a letter to Defence Minister, Chief of Army and my Commanding Officer to throw me out of the army.
4. On 29th Nov he along with his 3 brothers attacked and started thrashing my mother. We called police. In that scuffle they got hurt.
5. I filed FIR against all of them meanwhile they also filed counter FIR and again wrote to Defence Minister, Chief of Army and my Commanding Officer . They also approached one organisation to write against me and they also written to same people.
6. My mother approached court for protection and maintenance. The court ordered my father and his brothers to refrain from entering into our house.
7. Now for one year there were no developments. I have not received any summon from the court.
8. Presently I am in NSG and was part of Republic day functions for VIP security. On the final day I was denied to attend since there was a FIR filed against me.
9. Now may request you to advice me on how to take out FIR against me and how to proceed over the case.
Asked 4 years ago in Family Law from Mangalore, Karnataka
what are the allegations made in FIR? you can move high court for quashing FIR
The Supreme Court has held that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. ordinarily criminal proceedings instituted against an accused must be tried and taken to logical conclusions under the Criminal Procedure Code (Cr.P.C.) and the High Courts
should be reluctant to interfere into the proceedings at an interlocutory stage.
"However, if upon the admitted facts and the documents relied upon by the complainant or the
prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings
instituted against the accused are required to be dropped or quashed",
as mentioned by u that u are an army officier u are at liberty to meet IO Of your case or u can meet SSP OF your distt. with detail & proofs of ur case. In such police can file closer report as no case is made out against u or u can move to high court under 482 of crpc for quashing of FIR.
Advocate, Greater Noida
Going to High Court is the solution of your problem
Advocate, New Delhi
Allegations against me are under IPC 1860 sec 506,341,34,504,323,324.2. Since I am a service person with limited leave is there any options other than going to High Court to quash FIR?
Asked 4 years ago
for quashing under section 482 of Cr P C you have to move high court only . HC would entertain your petition only if allegations made in FIR do not disclose commission of any offence . other wise contest case on merits .
I completely agree with Mr. Sethi
Feel free to Call
Advocate, New Delhi
Move the High Court for quashing of FIR.
You do not have to attend the hearing in the High Court personally as your lawyer will appear for you.