Legal Question in Criminal Law in India

hindu marriage act

agirl 22yrs took 18 yrsboy to a temple and according to her marriage took place with the help of some purohit but the boy rejects and the girl after 6 months files a complaint to the police and the police have registered a criminal case for the offences punishable u/s 498A,504&506 ,she has got some photos without negatives and receipts of the temple , she is closely related to the boy. whether after filing of chargesheet by the police the accused who include the parents and relatives of the boy file an application before High court for quashing of F.I.R.?, and her written complaint does not contain any word about dowry harassment, she only wants to harass the boy and his parents and make them to suffer what's the remedy available to the accused i.e the boy(bridegroom) and his parents?


Asked on 1/10/09, 12:50 am

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

Re: hindu marriage act

You need to read the allegations contained in the FIR and other material of charge sheet. If such allegations prima facie disclose commission of an offence, then quashing may not be possible. If there is no prima facie case, then you can consider quashing.

Read more
Answered on 1/11/09, 12:37 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: hindu marriage act

if possible contact personally with details.

Read more
Answered on 1/10/09, 7:34 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: hindu marriage act

It may be better to defend yourself properly before the trial court.

After filing of charge sheet, the high court may not interfere in the trial. However, a remedy of revision is also available before Sessions Judge against the order framing charges, after the trial court has framed charges against the accused.

Read more
Answered on 1/10/09, 8:28 am
Vishwa Arya Arya & Co.

Re: hindu marriage act

If the boy was just 18years, what are you waiting for. The marriage was no marriage under the Hindu Marriage Act. 498A may not even apply as the groom must be of 21 years of age or above. Yes, you may go for quashing of FIR before the High Court.

Of course, on merits, the allegations are very important to see if there is a prima facie case or not.

Read more
Answered on 1/10/09, 8:43 am


Related Questions & Answers

More Criminal Law questions and answers in India