Details required. If merit permit then you and family can approach for quashing.
Hi , I am Australia citizen . My wife is also in Australia we both have been divorced in Australia and she got married with Someone els . Girl parents lodge Fake fir against our whole family . My parents charge sheet is filled and case is in court . My charge sheet is still pending . I was in Australia when fir was lodged . I want to see if I can go high court for quashing the fir against me and my family . Please advise
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You are liberty to file petition for quashing of FIR in 498 A case
if allegations made are vague devoid of a material particulars. You can file a petition in High Court for coaching of FIR
Yes better to go P&H High Court for quashing..
Through multiple process you can save your family from this false case...
Let me know if you need my assistance!
Advocate Dinesh Kumar
FAMILY LAW EXPERT
You can very well file a petition to quash the charge sheet provided your grounds are strong enough.
Besides if she filed the criminal case after divorce then you have good grounds to get it quashed through high court.
Yes, you can assail the chargesheet in appropriate proceedings before the High Court and seek quashing of the chargesheet. Move a stay application, and seek stay order/no coercive, for the interim period.
1. What are the allegations levelled by her parents against you and what are the sections put against you in the said FIR?
2. If you have irrefutable evidence that those charges are fake and fabricated to take revenge on you and your family members then you can file a petition before the high Court praying for quashing the FIR.
3. Ordinarily, Indian Courts do not entertain such Quash Petitions before Police submits Charge Sheets against the FIRs.
4. So, it might be prudent on your part to wait till Police files the charges sheet and also pursue with the Police for expediting submission of the charge sheet.
You can file a petition in the High Court to quash the FIR against you and your family, This allows the High Court to quash FIRs if the allegations are false or if there is no prima facie case against you.
- If the divorce was granted by the Australian Court on the ground of mutual consent then that decree of divorce is valid in India.
- Further, if she has already re-marry with another person , then her petition against you even not maintainable.
- You can approach the High Court for quashing the FIR.
Yes you can approach the court for quashing but validating of your marriage may be an issue in such case. But as it is a mutual receee then chances of quashing is bright unless your wife objects