. since you have all documentary evidence better fight the case on merits . we do hope that on engagement being cancelled all gifts etc given by your fiancee were returned .
Can the FIR get quashed?
Hello Sir, In Short: We have cancelled the marriage before 15 day due to misbehavior from Bride Family from the beginning "tika function". We gave the hear rings and other silver item around 12-15K and We booked the function hall with amount 19K. We have all document proofs. After 3 months and before 20 days of marriage they give us 20K for cloths by cash. And interested to come and discuss about details. We had doubt about them and misbehavior we decided to cancel this marriage. No "Sakharpuda Function" was done. Another thing came in front of us they are trying to make us fool as the bride is Mangalik and I'm not. When we told then we cant proceed to get marry they are fighting with us, so we left the place to my city. From bride family raised 420,34 against our all family members without any strong evidence (No bridge of contract). Please ad voice me, Quashing is better or It need to get stand at distinct level? Thanks
Asked 10 years ago in Family Law
Religion: Hindu
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13 Answers
quashing will not be easy,better fight case on merits
Contest the case on merits in the lower court. You will be able to prove your innocence if you have returned all the gifts given by girl's family.
No gifts from them. Whatever gift are given to them from our side are not returnd to us. So 20k cash was with us. We didnt meet after cancellation meet - fight. We messaged them we are ready to return it. But they just forcing to get marry. So exchange is not done. Marrige was in Nov and they filed FIR in Dec. My Father was in custody for 8 days :( We got anticipetory bail by explaining evidonces, the amt 20K is given from them we submited to function hall. Currently the chargesheet is not submited yet and police and fiancee family messeging us come to discuss and we will close. We requested to them we cant come to discuss now, after case stand we can compromise or you need to submit withdrow letter to police and court. Then It will be closed. Is it right?
Asked 10 years ago
you can compromise it
there is no harm in meeting your fiancée family and the cops . if charge sheet is filed and case proceeds on merits you will end up spending more money in legal fees .
your argument in settlement talks should be that your fiancée return gifts forwarded by your family and you will return Rs 20,000 given by them for buying clothes . even if you have to pay back the Rs 20,000 do it if case can be closed .
1. No one can be forced to marry some one against his wishes. Refusal to marry after engagement does not amount to any offence.
2. The cops are striving to end the matter amicably by way of a compromise. Even if they do not turn up before police for a settlement you may still turn up to show your good intentions by offering to return the cash of Rs.20,000 given to you by them for buying clothes.
3. If charge sheet is filed then your guilt or innocence will be decided by court on merits. If they do not show any interest in ending this dispute outside court then contest her case diligently in court and prove your innocence.
Thanks for reply. If Chargesheet is not sumitted yet is it good to meet for settlement? My father is doing updown by train pune to fiancee,s city to sign at station weekly. How to stop this?
Asked 10 years ago
The fact that chargesheet has not been submitted does not preclude you from settling the matter out of court. Court has required him to appear weekly at the police station, so your father is bound to comply with court order. If he finds it onerous to comply with this condition then he may move the higher court for relaxation.
yes you can settle case amicably now . it is not necessary that charge sheet should be filed and then only you settle the case . once charge sheet is filed court will decide your guilt . . your father should move court for modification of order requiring him to come to go to police station weekly
already replied
Hi, you can better approach for high court for quashing.
Hello Pradeep, Thanks for your reply. Really, my friend is also saying the same - go for quashing. What time spam it will be needed? Each date/hearing all my family members need to present in high court?
Asked 10 years ago
please not e that there are no short cuts in life . HC will quash only if settlement is arrived at between parties or if as per allegations made in complaint no offence is made out . hence we have advised you to fight case on merits before trial court
replied
Judicial process is loaded with uncertainties as to the time within which a case will be decided and the outcome thereof. Contest the case on merits in lower court and prove your innocence.