Legal Question in Family Law in India
Need to help - 1
I have a big Question - Part-1
Details : Assumptions : A � My friend, B - My friends Brother, X - My friend Brother�s wife.
A stays in US. X father is a Head Constable at Rajahmundry Police Station. B stays in Hyderabad with his parents. B and X stayed together for only 7 days. After that X left to her parents house and filed a false 498A case against A, B and B�s parents at Rajamundry police station where her father is working. One month ago Police from Rajamundry came to Hyderabad and taken away B and his parents to their police station ,threatened them (but no official records about it) and sent them back saying that 498A is filed against them and it will be not good if he doesn�t see X properly, but now X started her fancy demands saying to leave B�s parents and she started torturing my friend mentally by blackmailing about 498A. Now the problem is we don�t know what is the neither Crime Number nor Fir number and we cannot get them because police are also helping his colleague. So 1. Can the FIR be quashed on Territorial Jurisdiction? 2. Can the FIR be Quashed since her father is working in the same station and could influence even magistrate (He told that he can influence magistrate, but no proof for that)
2 Answers from Attorneys
Re: Need to help - 1
depends on court's discretion.
Re: Need to help - 1
1. The court may not quash the FIR on this ground; but case can be transferred out of the said jurisdiction to some other place;
2. This does not appear to be a ground for quashing of FIR;
However, since A lives out of country, his name may be excluded from the case, if it can be shown that he was not involved in the offence in any manner at any point of time.
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