Quashment of fake 498-a case
My wife filed a fake complaint with police and after that a preliminary enquiry was conducted by police and found that we are innocent but the fate of this enquiry was kept secret by police and and under a conspiracy she was advised by police personnel to file petition u/s 156(3) Crpc with a magistrate. After obtaining merely sign and stamp on the petition (without any specific order of magistrate) this petition as given to police and case was registered u/s 498-A. After this we can to know that after approaching magistrate u/s 156(3) she inserted two backdated applications u/s 154(1) and 154(3) of CrPc addressed to SHO and SSP of district respectively because she had approached the magistrate on the basis of her first application which cannot be considered as an application u/s 154(1). Thru RTI evidence has been obtained by me that there is no proper record in the office of SSP in whose office the application u/s 154(3) was given. Moreover SHO has also accepted in writing that an enquiry was conducted after her first application/complaint the record was not kept by police.
Whether these things are sufficient for filing a petiiton in High Court for the quashment of FIR.
Whether non compliance to Section 154(3) but under a cheating/conspiracy inserting a backdated application u/s 154(3) in the case file and submitting same with chargesheet without any fear of law will be taken seriously by High Court. Advise and oblige.