My wife has filed false cases of 498a, 506 etc. in her hometown
Sir, my wife has filed false cases u/s 498a,506,234,34 against me & my family. Police have been come to arrest my mother (father was not at home
)without serving any notice to us, my mother got transit bail on same day and now my parents got AB from lower court & my bail application denied by lower court. I approached HC for the same. I have also filed RCR at my town before the FIR registered. I want to know about quashing of FIR,/stay on these procedures u/s 482 in HC.
1.Can i go immediately for 482 after getting my AB?
2.Also explain about success ration of 482?
3.What kind of counter cases i can file on them?
Asked 9 months ago in Family Law from khandwa, Madhya Pradesh
1) quashing of FIR is to be done only in exceptional circumstances
2) if allegations made in FIR do not disclose commission of any offence FIR can be quashed by HC under section 482 of Cr PC
3) inherent powers u/s 482 of Cr.P.C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case
4) court would direct you to prove your innocence during trial
5) if false allegations are made file criminal complaint of defamation against your wife under section 500 of IPC
1. Well, do note that quashing is hardly allowed and it's a rarity.
2. If apparently there is disclosure of commission of offence then court wouldn't examine truthfulness or falsity of such allegations.
3. Now only concentrate on AB.
4. Before submission of charge sheet don't try your luck in quashing.
1. It will be of no use if you file quash petition at this stage since it will be rejected for sure. Most of the High Courts entertain quash petition only after charge sheet is filed.
2. You should develop rapport with the IO of the police station where the FIR has been registered and influence him to file the charge sheet at the earliest leaving lots of loopholes in the said charge sheet which will enable you to take advantage of the said loopholes while praying for quashing the said FIR.
3. You can file a complaint or a criminal case on your wife u/s211 of IPC after the FIR is quashed for filing false case against you.
The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. 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", the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved.
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 mala fide 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.
But in your case not to go immediately for quash.Wait for filing charge sheet from the police.If the charge sheet is infavour of you then try other wise face the trial and prove your innocence.
1. You are free to move the HC under 482 immediately after obtaining bail.
2. Quashing is allowed in only very exceptional cases as the scope of quashing is very narrow. Without perusing the FIR it is not possible to comment on the prospects.
3. Once you are held not guilty by the court you can sue her for damages on account of malicious prosecution.
1. First you get enlarged on bail by obtaining AB and then think about getting the FIR quashed.
2. The success rate in 482 at this stage is very remote.
3. You can file criminal intimidation and cruelty by threatening etc.
You can also file a divorce case.
sir, my AB application has been filed before High Court, Chhatisgarrh on 23.11.16, HC has called case diary. But I did not get hearing date for bail yet..how much time will take by HC ? what can i do for earlier disposal of my AB application? guide me ..
Asked 8 months ago
1) it would take around 3 months or so for AB to be disposed of
2) you have to await HC orders
You have to go by the court for getting your bail application heard soon.
If the bail application has been numbered and the court has called for records from police, the court would have notified the next date of hearing, you may contact your advocate who would be knowing the details.
1. You shall have to negotiate with the IO to ensure that the CD (case diary) is sent on the next date of hearing.
2. Without CD, AB petition will not be heard by the Judge.
3. If CD does not come on the next date of hearing, ask the Judge to direct the DC/SP to appear with the CD on the next date of hearing.
4. In the above case, the IO will certainly send the CD.
5. it is not the ideal procedure to file the AB petition directly before the High Court since in case it is refused, you shall have to file it before the Supreme Court.
6. It is always advisable to file the AB petition before the lower court first and if denied, to approach the higher court.
You will get it after the reopening of the court after winter vacation. Be patient as it is not going to take more than 1-2 weeks.