Legal Question in Criminal Law in India

Dear sir regarding question reference key is : WGHuKZOhcM

A false FIR - 498-A , 313 , 323 , 406 , 506 I.P.C and 3/4 DP Act has been registered against me and my family by my sis in law. (brother's wife) The FIR has been registered in Lucknow which is wrong.She was staying with my brother in gurgaon.The period for marriage is one and half year.Her dad is police officer in lucknow and misused his status to influence police officials.We are on AB till Sept,2010. She has mentioned my name in FIR as well while i have not been putting up in India for past 3yrs. We have filed for quashing in HC but we are not sure on what ground we can get quashing.

Here are some of the wrong statements by her.

1. my name in FIR when i was not in India.

2. FIR in different city.

3. she put my cousin brother and his family also in FIR but they also dont stay in Gurgaon. they stay in Orrisa.

She has couple of false medical statements where she has put wrong things which she ll be using in the court. Mediation has been failed. She is carrying 5 months old baby (undelivered). She doesnt have any other proofs. She is not ready for mutual divorce either.

Now I see some updates into Allahabad Site for my case and I come know the following update.

�The instant writ petition is directed against the F.I.R. lodged in case crime under Sections 498-A, 313, 323, 406, 506 IPC and 3/4 Dowry Prohibition Act, District Lucknow.

During investigation, charge sheet has been filed. A copy of the charge sheet No. 88 of 2010 dated 5.8.2010 is annexed with Annexure No.A1 to the affidavit. The same has been filed in the Court concerned. Therefore, the writ petition has rendered infructuous. Accordingly, the application for dismissal of writ petition is allowed and the writ petition is dismissed as infructuous. Interim order, if any, stands vacated. �

Please let me know what the last paragraph stands for. Was my petition has been dismissed?

can we get the jail?


Asked on 8/29/10, 11:29 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you are confusing yourself. i presume that f.i.r was lodged in UP and your writ petition along with an application for grant of stay of arrest, have been dismissed being infructuous. now, you can file an appeal against this order in the Supreme Court.

my above opinion is not conclusive and i would like to go through the order of the high court. in case you can give me parties name, the order can be seen on the net or you may scan and send it on my mail i.d. i.e. [email protected]

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Answered on 8/29/10, 11:43 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In view of this order, you will now need to defend yourself before the trial court in the pending criminal case at Luknow. However, you may seek transfer of the case to Gurgaon or any other area on available grounds by filing a Transfer Petition in the Hon'ble Supreme Court of India.

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Answered on 9/06/10, 1:26 am


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