Legal Question in Criminal Law in India

transfer petition & quashing Supreme court

My wife has filed 498a,406,34 case in mumbai in march '09.I was areested and subsqewntly released on bail.along with me my parents(staying in bihar) & married sister(varanasi) name was also included in FIR.

Chargesheet has not been filed.

Subsqnetly they moved an application for transfer of case in supreme court in april'09 for transfer of case to kolkatta jurisdation.Supreme court grant stay on all the procedding pending before the relevabnt trail court in mumbai.

Her lawyewr subsquently send a letter to police asking them not to file FIR.

Further as per of harrassment on day of judgement of SC ,they have sent police at my ister place outside mumbai to get her arrested,however they failed..can i show these to court.

Further they have filed maintance case ag me u/s 125 of crpcin kolkatta

I have serious threat from their side in kolkatta being theya re powerful,influentail people in kolkatta.

I have evidence to proof my innococent and few things cant be proved between husband & wife so how to handle this.

Further i need clarity on the following

1. Can i quash the FIR at supreme court.if yes what shall be the procedure.(should go highcou

2. Can i have stay on DV act since this is the other weapon left in their


Asked on 5/27/09, 10:31 am

5 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: transfer petition & quashing Supreme court

I suggest take an opinion from a senior counsel based on the documents and evidence you have.

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Answered on 5/28/09, 5:28 am
KAMAL GROVER

Re: transfer petition & quashing Supreme court

We have to go through the copy of Stay. plz send the same. But in your case quashing is not possible. But even then if you send me the detail that when you got married and your family status etc only then i can guide you properly bcoz where there is a will there is a way. Quashing will be done form your Bombay high court but after vacation of stay.

For further assistance plz contact at

adv.kamal.grover.gmail.com

We deal cases in the courts all over India.

M: 09814110005

Regional office Chandigarh

We strive for your rights.

Good Luck.

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Answered on 5/28/09, 8:30 am
Lawbird in Delhi Taneja Law Office

Re: transfer petition & quashing Supreme court

You need to initiate counter action at the earliest. Contest your wife's Transfer Petition. File TP in SC for 125Cr.PC. The proceedings to quash FIR however can only be initiated at the HC. For more details kindly contact this office in person.

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Answered on 5/27/09, 11:57 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: transfer petition & quashing Supreme court

1. The Supreme Court may not entertain a quashing petition on the original side.

2. You may seek quashing of FIR from Mumbai court.

3. You may file your defence in Supreme Court and contest the case properly.

It may be better if you start making payment of maintenance allowance to your wife and consider about an amicable out of court settlement.

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Answered on 5/27/09, 1:29 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: transfer petition & quashing Supreme court

For quashing, one need to establish either abused of process of law or no prima facie case.

As per practice followed, direct approach to high court or supreme court is not entertained. You need to start from Magistrate for discharge and then go upto supreme court. However, if you can establish abuse of process of law, you may approach superior courts directly.

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Answered on 5/28/09, 2:17 am


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