Legal Question in Family Law in India
I am a central government employee.A false 420 (cheating) case is filed against me.i am being threatened by the police authorities for arrest.
The truth is that i have a sister.she was married to a man.the couple does not have good family relation,there were frequent quarrels between them(couple).Meanwhile they had a girl child who unfortunately met with an accident and died. brotherinlaw asked for divorce.as they dont have good relation from begining couple accepted and the man deposited some amount in the bank in her name under the condition that after divorce the amount will be deposited into my sisters account in presence of my parents and some witnesses.
Now the problem is my sister is not signing the divorce papers,without reveling any reason even asked many times even in presence of police authorities too.3 years passed.now brotherinlaw filed a cheating case against me .My parents are aged people and are dependents on me.
I was not present in any situation of dispute.My(sisters parents) parents are alive. when the case is not at all related to me and have no proof of my presence anywhere ,how can he file a 420 case aginest me. Simply being a central government employee and a source of income and support to the aged parents made him to file a false cheating case against me.please let me know how to get rid of this case and situation.
1 Answer from Attorneys
There are certain grounds on the basis of which a High Court may quash an FIR. They are:
(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(4) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(5) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
Also, the power vested with the High Court to quash a FIR is sparingly used, and is used only to secure the ends of justice. So make sure you have a strong case before you approach the Court to quash the FIR. You can approach the High Court to quash the Section 420 IPC case registered against you.
Get a lawyer to guide you through the entire case. You can call me at 09555 507 507 or send me a mail at [email protected]
-Regards
Advocate Pooja
www.lawkonect.com
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