Legal Question in Criminal Law in India

Sir, we are prooved innocent in 498A dowry case by a series of police enquries up to DGP level, yet police while present challan has put us in column no.2 .can we move to high court for quashment now for the aquital of names who are prooved innocent?In reply to this several positive advices have been received to go for quashment. But there are judgements in punjab and haryana high court like crm-m9328 of 2011 in which it is stated that it is admitted that petitioner found innocent in investigation,it is also admitted that he is placed in column no 2,it is also admitted that no challan has been filed against the present petitioner .In view of above no cause of action arises.Dissmissed accordingly.similarly the judgement of same court in crm-m31715 of 2010 it is stated that petitioners are found innocent and were placed in column no.2at the time of submission of challan u/s 173.in view of matter , there is no occasion to quash the FIR in question in view of the fact that the petitioner have already found innocent in police investigation .hence dissmissed.in light of these should i still go for quashment ?


Asked on 6/24/12, 12:39 am

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

unless a lawyer goes through the entire set of papers, it is difficult to suggest whether to go for quashing of FIR or not.

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Answered on 6/24/12, 10:55 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you can approach a local lawyer with all the documents.

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Answered on 7/16/12, 11:06 pm
Shrichand Nahar S.V.Nahar, Advocate

Show challan or charge sheet to your lawyer to find out whether you are arraigned as accused or not and then decide further.

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Answered on 7/19/12, 1:56 am


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