Legal Question in Criminal Law in India
A false FIR 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. 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 statments 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.
My question is : how difficult it will be to get the FIR quashed in HC. What are the grounds that we have to show in court.
4 Answers from Attorneys
how long they had been married and whether or not she had interaction with you before your going abroad. If not, you have a good case for quashing. Good luck
contact a local high court practitioner
as far as the jurisdiction of f.i.r is concerned, you cannot dispute that. she can lodge an f.i.r. where she is staying at present. secondly, your relatives staying in orissa, can approach the high court for quashing of f.i.r and the same would be quashed in their favour but the f.i.r. may not be quashed in your favour for the reason that you the husband and there may be direct allegations against you. she is also carrying a child. it is better to face the trial.
stay cool and pursue your remedy through your lawyer.
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