Legal Question in Criminal Law in India

Chances of quashing FIR

Dear Ld cousels, a FIR is filed against me by police as I refused to withdraw my RCR petition. I am living in a metro having different jurisdictions. The FIR is filed by police and submitted to magistrate nearer to my in-laws house. But my house is situated 30 kms away from theirs. Commision of offense is related to matrimonial dispute. Can this FIR be quashed due lack of territorial jurisdiction. Also I am not sure if it is a cognizable offense if the husband says that he married wife out of compulsion while under a fit of anger. But the matter was blown out of proportion and the same was explained to police. Inspite of attending private counseling sessions wife refused for re-union and lodged a compliant to extort money. The police also didnot arrange any couseling during investigation. There is a vague allegation of dowry demand by husband but the FIR is not booked under 498A. What is the legal resort for such complaints which is mainly intended to presurize a husband. It is also mentioned that the husband is refusing for nullity in the complaint accompanying the FIR.

How can I file counter case ifthe FIR is quashed. They will come for compromise unless I do that.

Thanks a lot for your response.


Asked on 12/28/08, 12:46 pm

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Chances of quashing FIR

Difficult to quash FIR on the ground of territorial jurisdiction alone.

Consult your lawyer with all details.

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Answered on 12/29/08, 1:24 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Chances of quashing FIR

Hello.

Its difficult to quash the FIR on this grounds.

Please contact local lawyer or personally alongwith all the details.

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Answered on 12/29/08, 2:49 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Chances of quashing FIR

The ground of territorial jurisdiction will not help much in quashing Fir.Better go for amicable settlement.

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Answered on 12/29/08, 10:42 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Chances of quashing FIR

(1) Lack of territorial jurisdiction may not be a good ground to seek quashing of FIR;

(2) The allegation of dowry demand may lead to addition of 498-A IPC even at a later stage.

(3) Instead of considering a counter case, the husband should better try to concentrate on reaching an amicable out of court settlement.

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Answered on 12/28/08, 2:53 pm


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