Legal Question in Family Law in India
Hi,
we registered a FIR under section 498a,420,323,354.against my inlaws.and charge sheet is submitted by two investigating officer .
Now they file
Criminal Jurisdiction Application-U/s 482, Cr.p.c., For Quashing Of Charge Sheet.
I am totally confused because our lawyer is saying that if the chargesheet is quashed than we cant do any thing in this case.
I want to know that quashing of Chargesheet under these sections are possible.
what would be our next step of action against that.or what relief they can get from high court.
pls guide.
4 Answers from Attorneys
answer to this query cannot be given casually. a lawyer has to go through the FIR and the charge sheet along with the petition filed by the accused person u/s 482 of crpc. unless these documents are perused, the opinion would be worthless.
FIR is to be registered at a place where the alleged offence has occured. If it has been filed at any other place then accused may file 482 for quashing on the grounds of jurisdiction. So you have to see if the complaint has been drafted properly so as to include the place where now it has been filed. If there is an allegation of commission of offence at the place where you have filed it, then it cannot be quashed. Cruelty is a continuing offence. It continues from sasural to mayaka. So it would depend upon how the complaint is drafted.
Secondly, even if blunder has been made in drafting so as to not include the place where the present FIR has been filed, it can not necessarily be quashed but may be transferred to place where it ought to have been filed.
Further, opinion could be given if you write your facts in detail and where you have filed the FIR and what ground has been taken in 482.
FIR can only be quashed u/s 482 of Crpc and that too before the High Court. I would suggest engage a Good ,seasoned lawyer for your matter. Dont take it lightly.
i agree with my colleagues.