Legal Question in Criminal Law in India

Quashing 420 FIR related to marriage
Within five days of marriage, My wife has sent a mischevious SMS from my mobile to her mobile saying that ''I was interested in another girl before marriage and married her under pressure from my parents''. This is not true. Along with this she had filed a dowry case against me. I was told by police that a FIR is filed U/s 420 and 417. Can this FIR be quashed.
We were in touch by emails after our engagement happened which was 3 months prior to marriage. She was not willing to live with my family and had done such an act. The marraige has also not consummated and now her parents are demanding money from us for compensating their marraige expenses. I have also filed a restitution of conjugal rights long before the FIR was registered. They have taken their belonging from my house and our jewellry is still with her. After all this harassment I want come out of this marriage too. Pls help. thanks.

Asked on 11/30/08, 1:57 am

8 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

0 users found helpful

0 attorneys agreed

Re: Quashing 420 FIR related to marriage

yes, the f.i.r can be quashed as it doesnt disclose an offence of cheating and fraud and it seems the same was lodged under undue influence of someone. you can approach the High Court and file a petition for quashing of this false f.i.r.

Answered on 12/01/08, 3:39 am

Mark as helpful

Vishwa Arya Arya & Co.

0 users found helpful

0 attorneys agreed

Re: Quashing 420 FIR related to marriage

You have not stated as to what are the allegations in the FIR (420 and 417). It would be relevant to know the contents of email you have exchanged with your wife after engagement. First thing you should be thinking is of Bail, anticipatory or regular. What is the stage of investigation? that is also relevant for answering about quashing.

Answered on 11/30/08, 2:38 am

Mark as helpful

Nasir Butt Nasir Law Associates

0 users found helpful

0 attorneys agreed

Re: Quashing 420 FIR related to marriage

Contents of FIR and others relevant facts are required to be disclosed for fair legal opinion. FIR can be quashed depending upon its merits.

Answered on 11/30/08, 4:43 am

Mark as helpful

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

0 users found helpful

0 attorneys agreed

Re: Quashing 420 FIR related to marriage

You may reconsider your decision. It may still be easier for you to bring her back and start your family life.

The litigation will be costly and time consuming; the result will still be uncertain. It may take years to reach any final decision. There are three - four layers of litigation - trial court, high court, supreme court.

It is still not late for a compromise which will be a better alternative for both of you.

Answered on 11/30/08, 6:39 am

Mark as helpful

Homi Maratha N.N. Maratha & Co.-Advocates

0 users found helpful

0 attorneys agreed

Re: Quashing 420 FIR related to marriage

You may approach to the HC and quash the FIR.

Answered on 12/19/08, 4:22 am

Mark as helpful

Yanala LaknaReddy Law towers

0 users found helpful

0 attorneys agreed

Re: Quashing 420 FIR related to marriage

For quashing the FIR we need further material such as complaint and FIR etc. You can get rid of the marriage, after all they are also seeking the same, as per your version. But your petition of restitution of c. rights.You have to take further steps to get the relif.

Answered on 11/30/08, 7:12 pm

Mark as helpful