1 I/O/SHO of the Police station has mentioned wrong facts in the Chargesheet submitted with the court of law on 27/03/2024 that i have not complied with the section 41 Cr.P.C. notices issued by them, whereas i have complied with all the notices issued against FIR filed in July, 2023 by different I/O(ASI Rank at the time of registering FIR) and I have proofs of the same which is the statement of I/O CUM ASI to Additional District & Sessions Judge during my Anticipatory Bail application u/s 438 Cr.P.C. as well as CCTV Footage of the concerned police station and also I had sent an email every time to SHO of the police station whenever I have visited the police station in compliance of section 41A Cr.P.C. notice. Question- Whether i can file a criminal case against I/O(SHO of the Police station) for giving wrong facts in the chargesheet in order to implicate me in the wrong chargesheet/case. My wife had given the wrong photograph proof to police u/s 91 Cr.P.C. in which she had added two separate photos to show it like the single photo whether this is not a forgery of document 2 I/O(ASI RanK) as well as one Head Constable Rank police officer have given the wrong statement in the chargesheet on my behalf that I am accepting all the allegations levelled by my wife who is the complainant in the FIR & Chargesheet and this seems to implicate me in this false FIR & Chargesheet. Further, these culprits have also mentioned in the chargesheet that i have denied to sign these statement after talking with my advocate which is totally false. Question- Whether I can file a criminal case against the ASI & Head Constable in a competent court of law for submitting a false statement cum OATH(GAVAHI) on my behalf and whether this amount of 420, Forgery of documents, etc. and under which Cr.P.C. sections these culprits can be tried with. Question- Whether wrong facts given by police in the chargesheet can be the reason for quashing the chargesheet. 3 My wife had given a false list of dowry items to I/O while submitting her statement u/s 91 Cr.P.C. which is not matching with her earlier false complaints given to SP Office/Women's Police station. My wife had submitted total of 5 false complaints against me and out of which my wife had taken back first 4 complaints on her own and against her 5th complaint police had filed false FIR & Chargesheet. Question- Whether wrong and mismatching dowry list given by my wife in her different different complaints can become reason for quashing the chargesheet in the HIGH COURT. 4 My wife had physically assaulted me on 02/10/2021 and one MLC was also done in Delhi at that time. I was again physically assaulted by my in-laws and by my wife in the women's police station in Haryana on 05/08/2022 and MLC and an FIR were also filed against my in-laws except my wife and one criminal case is also being filed against my in-laws in the court by the police. Question- Whether the above can be the reasons for the quashing of chargesheet?
13 answers received from multiple lawyers
Lawyers are available now to answer your questions.
You can file petition in HC for quashing of FIR and charge sheet
2) you can complain against IO to commissioner of police for making false statements but not file criminal case against the IO
3) you can draw attention of court to false statements made by wife contrary to her earlier statements
1. You can lodge a complaint before the higher police official against him after giving proofs
- Further, you can also file a complaint before the judicial magistrate to change I.O. and to conduct enquiry by another I.O.
- Further, at the time of evidence in the case , you can mention about the same and even can deny allegation and you will also be given time to cross examine the said I.O.
2. The said facts given by the I.O can be removed at the time of framing of charge and in evidence.
3. Yes, you can approach the High Court for quashing the FIR , however you will have prove in the evidence that those facts are misguided and wrong.
4. Yes, it can be a ground for quashing the FIR.
Dear client, on the first question if a false charge sheet is filed on you you can go to the highcourt under sec. 482 of crpc to quash that when you have ample evidence to prove it.
On second question if some one is giving false evidence in a judicial proceeding is punishable by up to seven years in prison and a fine under sec. 193 of IPC.
You can file a complaint under section 167 of IPC in case of Public servant framing an incorrect document with intent to cause injury.
The false and mis-matching of dowry list can be a valid mention to prove your case and get the FIR quashed.
By the following reasons which you have mentioned, the can quash the FIR if you have the submitted the evidence against the above claims.
1.It is a matter of trial, the IO's report is not final neither you can disprove it at this stage, you ma have to get them nullified only during cross examination of IO.
About the photographs, it is not admissible as primary evidence unless it is supported by a certificate under section 65B of Indian evidence act, hence don't strain over it now itself.
2. No criminal case will be entertained against the police for this, the report given by them is not final, you can get them falsified during trial proceedings.
3. This alone cannot be a ground for quashing the charge sheet, you may have to rely upon the factual incidents that took place between you both during your married life and highlight her acts of cruelties in your memorandum of grounds for quashing the charge sheet. The statements made before police are not any reason to rely upon to quash the charge sheet, they are actually not reliable statements or reports, they can be dealt with properly during trial proceedings, hence don't get excited over it at this preliminary stage.
4. These cannot be the reasons for quashing the charge sheet.
The grounds for quashing the charge sheet will be based on the complaint and the contents of the charge sheet.
1. Running after the Police will not help. Rather go for quashing or file discharge petition.
2. Same as above.
3. Yes
4. It can be taken into consideration.
go to high court under sec 482 crpc for quashing chargesheet its best remedy
No it will not be ground for quashing. For quashing the party has to price that the said compliant is not maintainable
1 What are the common grounds which husbands take in quashing FIRs filed under IPC 498A, 406,506, 323 2 Whether the High Court can easily accept the stay application on proceedings of the Trial Court and whether it can be done on the first day of the hearing. 3 What are the strategies to stretch the Quashing petition u/s 482 Cr.P.C. in the High Court in order to delay as much as possible the Trial court proceedings after the High Court accepts the stay application on proceedings of Trial Court? 4 Whether
Allegations made in FIR are vague general and bogus as no specific details were given.
Relatives have been implicated falsely and they do not even reside under one roof with you,
2) if high court is convinced that no case is made out against you stay would be granted by court
Dear client, there are no grounds in which husbands can take in quashing the FIR. The quashing of FIR will be done accordingly to the facts and circumstances of the case along with the valid evidence presented.
You can file a stay application at the hearing and the court can grant the same.
1. The contents of the complaint is the base for FIR by which the police will take cognizance and register the FIR.
Hence you can enumerate those things which you feel to be false on the basis of the documentary evidences in yor support and make them as pleadings in the quash petition.
2. It is not necessary that the high court will grant stay of the proceedings on the first day of hearing of the case, it will seek reply from the respondents before passing any such order because it is not a petty issue.
3. There are no such strategies that you can adopt in the high court unlike district court/sub ordinate courts.
The high court will dispose the petition in a couple of hearings itself.
See in the investigation of io shown that the ingredients of 498a ipc now fulfilled the hc easily quashed
1. Your submitted facts can be a ground for quash , specially the MLC and the FIR lodged against them.
2. Yes, after admission of the petition the High court can stay the proceeding of trial court.
The primafacie case is not made out
no ingredients of said offence in FiR