I filed a police complaint on my wife stating that She and her father is threatening me and my parents that they will put us behind bars for questioning her behavior after drinking alcohol. In retaliation to this they filed a dowry harassment complaint on me and my parents . Police forwarded the complaint to the Dowry prohibition wing for enquiry and report . The district social welfare officer and the protection officer has given a report after 4 enquiry sessions , I showed them all proofs that her sreedhan and the dowry that they demanded from me was in her parents bank locker and I have never operated the locker from the day they gave me the operating rights. Based on the proofs that I submitted the District social welfare officer gave a report that there is no grounds for dowry or dory harassment which proves that their complaint is false . Knowing this my wife modified the complaint 1 month after the date of the report with the same date of the old complaint to include 498A ingredients and urged the police to file 498A FIR on me and my parents ( I have the copy of both the police complaints filed by my wife) . After 4 months of filing the FIR one fine day morning police detained me without giving any sec 41A notice to me I was not aware that there was an FIR on me. I have proofs of police detaining me in the morning and I signed the 41A notice in the police station after the police forced me to sign them. Now police have prepared the charge sheet with sec 498a and 120B on me and my parents. All her allegations in both her complaints are vague with no specific cruelty that we have committed she has just mentioned that we harassed her , tortured her and harmed her physically and mentally. With the above fact please tell me if I can quash this FIR in High court and also advise me on the probability of the FIR being quashed. *I was detained by the police for 20 hours not arrested
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Lawyers are available now to answer your questions.
You first get enlarged on bail and wait for the police to complete the investigation and file charge sheet before trial court.
After that you can file a petition to quash the charge sheet because high court generally fo not entertain petition to quash FIR because the FIR don't reveal the details.
File petition in HC. For quashing of FIR and charge sheet
rely upon earlier complaint against you being closed
also allegations are vague
- Since, the District social welfare officer gave a report that there is no grounds for dowry or dowry harassment and their complaint is false , then it can prove that the said FIR is filed by the police on the instigation of the complainant
- Hence, you can approach the High Court for quashing the FIR , if charge sheet is already filed before the court.
Dear client, you can go to high court for quashing the FIR under sec 482 of Crpc basing that it was based on false allegation and with malicious intent. You can substantiate your pleadings with the report of social welfare officer and any other evidence. You can along with the quashing petition can plead on the illegal detention by police.
Quashing of FIR is often not entertained by court since investigation is not completed yet.
So you better wait till submission of charge sheet and then file for quashing.
File a quash petition in HC against the chargesheet once the same is filed in court and the magistrate takes cognizance of the same.
You can file for quashing and try your luck
Charge sheet is filed with sec 498A and 120B read with 34 ipc and I noted that the charge sheet has the new complaint with 498A ingredients and the police have suppressed the old complaint which was filed initially. I have the copy of the old complaint which I received as part of the DV petition copy from the sessions court and I realised that both the complaints are on the same date and are having the same CSR number but the content is different. Chronologically DV was filed before 498A and therefore while filing the DV petition they had the original police complaint and they modified it later for filing the 498A FIR , Can I use this along with the dowry prohibition officer’s report to prove that the FIR is frivolous. will this be sufficient evidences to quash the charge sheet in High court . will I succeed .?
you can rely upon report of dowry prohibition that FIR is frivolous
2)you can also rely upon old complaint which police have suppressed for quashing of FIR
3) You have a good case
- Since, there are two complaints on different contents , this means that the police officer is in cahoots with your wife, and the said FIR has been filed on false grounds.
- Hence you can use this along with the dowry prohibitions officers report to prove that FIR is frivolous.
- Yes, it is a sound grounds for quashing.
Dear client,
Yes you can challenge in the High court under section 482 of code of criminal procedure there is some grounds to be quashed chargesheet :
Inconsistency and Suppression:
The fact that the original complaint was withheld and a revised version was used for the FIR can serve as a basis to argue that the FIR is baseless, vindictive, or filed with an ulterior motive.
Abuse of Process:
You can contend that the legal process has been misused by submitting a modified complaint while suppressing the original.
Lack of Prima Facie Case:
If the elements required for the offenses under Section 498A and 120B read with 34 IPC are not evident in the modified complaint, you can argue that there is no prima facie case against you.
Thank you.
There's no reliance on the previous complaint especially when the new complaint is already made and the police have investigated into it.
However it may be useful during the trial proceedings for cross examination purposes to help you extract contradictions from her leading to falsify her allegations.
In the quash petition you can bring out the facts of the background history and elements supporting your pleadings.
You may discuss with your advocate instead of deciding on your own because it will be your advocate who has to present arguments in the case before high court.
Yes you can try all of above ground to quash FIR
I would also like to add that my wife has also filed RCR on me . so now I have 498A (Charge sheet filed) , DV and RCR . As mentioned earlier can I use the following points to quash my Charge sheet/ FIR . will the below mentioned points increase my probability of getting the FIR quashed.? 1. The allegations are vague with no specific incidence of harassment. 2. She has logged 2 police complaint on the same date wit same CSR one without 498A ingredients and the other with 498A ingredients( Which she used to file FIR) after the dowry prohibition officer's report that I am clean and I have not taken dowry or harassed her. 3. she has filed RCR asking me to live with her. 4. Police detained me without 41A notice and asked me to sign the 41A notice in police station which was 3 months after the FIR was filed. I was not aware that I had FIR in my name when the police detained me one fine day early morning at 6:30 AM.
You have good case on merits
file petition in HC for quashing of FIR
1. Yes, but it must be supported with evidence
2. Yes, a good ground for quash
3. Since, she has filed RCR , it means that no cruelty has been happened on her by the husband , and that is why she wanted to live with her husband and filed the petition of living.
4. Yes, 41A notice is mandatory in such type of cases.
You have to mention those false allegations with proper reasons to demonstrate that they are false and can produce documentary evidences wherever possible in order to defend your interests including the petition seeking to quash the charge sheet.
If the charge sheet has been filed then you can go for quash of charge sheet instead of FIR quashing. As she has filed a petition for RCR also simultaneously then you can borrow the pleadings made by her in that petition to prove that there were no acts of cruelty or demand for dowry made in her RCR petition.
You can plead that her intention is not to settle the issues between both amicably instead only to torture you to the core.
Therefore you can make the arguments very strongly in your quash petition.
Applying the points you pointed can in some way help your attempts at seeking dismissal of the FIR/charge sheet under Section 482 of the CrPC. Here's how-
1. Vague Allegations: If the allegations are general and lack specific instances of harassment, it can be argued that the FIR is based on vague and unsubstantiated claims, which can be grounds for quashing.
2. Two Police Complaints on the Same Date: Highlighting that two complaints were filed on the same date with the same CSR number, and one was used to file the FIR after the dowry prohibition officer's report cleared you, can indicate a possible fabrication or misuse of legal provisions. This discrepancy can be critical in showing inconsistencies and mala fide intentions.
3. RCR Filing: The fact that your wife has filed a Restitution of Conjugal Rights (RCR) case asking you to live with her can be used to show that she has contradictory intentions. It is unusual for someone to seek reconciliation while simultaneously pursuing criminal charges under Section 498A, which can be portrayed as a strategy to pressurise you.
4. Detention without 41A Notice: Being detained without prior notice under Section 41A CrPC and then being asked to sign it retrospectively can be a significant procedural violation. This point can highlight police misconduct and procedural lapses, strengthening your case for quashing the FIR.
Is it resolved?
G.Rajaganapathy
Advocate,
High Court of Madras.
