Legal Question in Criminal Law in India

Quashing of FIR

Learned counsels, There is a FIR filed under section 420 and 417, but the compliant alleges dowry demand as well. While hearing for quashing the FIR will the judge consider dowry demand as well though the offense is not booked under DP act or is it enough to counter that the alleged cheating is not a cheating at all. The case is that my wife says I deceived her to enter into marriage without having any interest to marry (is this cheating?), she is not willing for re-union, putting pressure to get money from me. The allegations of Demand for dowry and I am not interested in marraige contradicts each other. Pls clarify. Thanks

Asked on 1/16/09, 10:00 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Quashing of FIR

depends on what the prosecution tries to prove.

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Answered on 1/16/09, 10:31 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Quashing of FIR

All allegatons, including dowry and cruelty, may be considered by the court. mentioning of sections is not relevant.

You should try to reach a settlement to avoid unncessary litigation and harassment.

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Answered on 1/16/09, 9:22 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Quashing of FIR

One need to know detailed facts with copy of FIR to comment.

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Answered on 1/17/09, 12:25 am

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