Wednesday, June 10, 2015

Quashing of FIR u/s 482

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OK. Quash petition on question of law is very case dependent –
what was the FIR,
statements recorded U/S 161 CrPC,
documents filed by IO along with CS,
contradictions between them (FIR and statements),
whether any other case is filed by
the 498a gang (125 CrPC, DV, etc.)
and if there are self-contradictions, etc. etc.

There is no sample as such that can be reused each time but there are certain principled that
you can apply. Also, procedural (CrPC) violation by the IO or bias or mala fide are other
grounds available to file for quashing the FIR (and CS).

At what stage are you in - pre or post CS?
If post - have you filed for discharge?
If pre, do you have any documentary evidence that can prove the falsity of the FIR?

Tips are available on preparing 482 application if you want. I ended up reading Law in the process of fighting my case.

ATUR CHATUR WROTE
Quash on the basis of vague allegations, & proof in contrary related to some of her
falsity, contradictions in FIR & Divorce filed by her, perjury, unclean hands, order VII
Rule 11, Order X, Contempt of Court, Order XI Rule 1 Interrogatory provisions etc etc
etc etc etc etc.

PRE-REQUISITE TO QUASH
To make Quash easy, Order XI Rule 1 can act as a Pre-requisite.
The questions need to be directed towards making the exact dates vague & prove
wrong.
Just prove that those dates were wrong & based on the result of Order XI Rule 1 you
can apply for FIR Quash.
In between you might be using Order XI Rule 14 as a double proof for other non-dated
or even dated allegations wherever it deems fit.

STEPS TO QUASH FIR U/S 438 CrPC ARE AS FOLLOWS :-
(1) Order XI Rule 1 INTERROGATORY
(2) Interrogatory in (1) above should be based on dated events in FIR/Complaint Copy.
(3) All dated events should be cut down using your creative & probative mind.
(4) Probative mind must concentrate only on Closed Probe because only that can bring
out a conclusion.
Example:- Tumne chappal pehni thi ? Haa ya Naa
Answer:- Huzoor foot me kuch chubh gaya that.
Objection:- Maine pucha haan ya naa
Answer:- Lekin me lord mai ye kehna chahta hun
Objection:- HAAAAN YAA NAAAA (Loudly) . . for exact style PM me
Answer:- Arr,, mai mai . . . .
Judge:- Haan ya naa me jawab dijiye, apni kahani tab tak mat sunaiye jab tak puchhe
na
Hubby/Hubby's Lawyer:- Thank you me lord
Judge:- Notes down this aspect in register
(5) Take all dated events BREAKING NOTING SHEETS COPY from this court thru CC & put this CC in HC Quash Petition u/s 482
(6) Crush the False FIR which is based upon falsity.
(7) Finish your cases with WINNING in very short period of time.
(8) If u also use CrPC 91, RTI's, Order XI Rule 14 then sone pe suhaga.
(9) The cases can be won even before the limitation for DEFAMATION ends.

WHEN I APPLY FOR QUASH IN HC , POLICE COMES UP WITH CHARGE SHEET
Friends, there is a technique to come out of this trauma.
State/IO will try to get your quash petition rejected.
If you have many many proofs/ evidences to prove your innocence then follow these steps:-
Step 0:- I am assuming that there have been at least 6 months & no CS yet filed by cops.
Step 1:- Keep your Quash Petition ready with all proofs.
Step 2:- Give those proofs to IO & SHO & DCP & PHQ as suggested above with a request to use these proofs within CS or 'B' Report as those will prove your innocence.
Step 3:- I am now assuming that IO can't do all the investigation etc in mere 15 days as u have
many proofs.
Step 4:- Apply for Quash after 15 days from doing those steps above.
Step 5:- Be ready for arguments if IO comes with CS at HC and ask them did you went to this
hospital, that location, that witness, verified this that document etc etc etc etc.
Step 6:- Be ready with Jan'2014 SC Judgment regarding action against IO, also July'2014
judgment, also go through above posted Perjury against Dirty Cops (just a quick go through)
NOTE:- whenever the IO is present in front of you then you can raise your questions as
follows:-
(1) did you take into consideration this that X, Y, bla bla for which proofs were attached by me.
(2) did you went to this that, bla bla hospital & took their statements etc.
Remember:- This will give you just an extra point. Quash will happen on law points mainly. Go
through Bhajan Lal judgment by SC also if you are fighting Party-in-Person.


Quash of Some Sections of FIR only

Best Wishes windsquare, kindly go ahead with quash. Use the term "no prima facie
case is made out"

Remember that, there are three stages/ three options to have sections quashed/ or to
have a case quashed viz.,
(A) Quash of FIR
(B) Quash of CS
(C) Quash of Framing of Charges (after the charges are framed on you)


Hope this will help you guys....................all the best
Issued in Public Interest by ATUR CHATUR COUNSELLING *


शादी से पहले और शादी के बाद 
ATUR CHATUR  को रखना याद


Email:- aturchatur@yahoo.com


DISCLAIMER & TERMS & CONDITIONS

*Disclaimer:- Atur Chatur is my pen name. I am Delhi University Ex-Lecturer. I am NOT a lawyer. I am a PIP (Party-in-Person). I filed Perjury (fraud on court) on lies of my wife with proofs. I filed court case against Police/CAW. I filed complaint against Judge Family Court (JFC) due to unethical practices/ gender discrimination which resulted in JFC Recusal. I also became a RTI Activist. I acquired all other knowledge/info after false 498a/DVC/Divorce/ CAW cases were filed against me & entire family & my income greatly affected so I have chosen this profession to support my family & also to support my one man fight against gender discrimination in India. Counselling Fees = 2,000 only for approx one hour talking to you & suggesting you few methods like RTI or other methods which is based on my knowledge which I acquired while fighting false cases. Fees is subject to change due to urgency & other factors so please confirm. I do not provide legal opinion/ legal advise or anything like that. All written by me & my suggestions etc is my personal views. You yourself will be responsible for acting on any of my counseling/ advises / consult / guidance etc. Fees for the RTI & any other writing work is to be paid separately & does not come under counselling fees. Pls ask the fees before getting any work done. Fees once paid (even if paid in excess) are not refundable under any circumstances. I do not provide legal opinion/ legal advise or anything like that. All written by me & views/ writings/ RTI/ suggestions/ counselling guidance etc are my personal views. You yourself will be responsible for acting on any of my counselling/ advises / consult / guidance etc. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees. There has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website. The user wishes to gain more information about us for his/her own information and use. The information about us is provided to the user only his/her specific request and any information obtained or materials downloaded from this website is completely at the user's volition and any transmission, receipt or use of this site would not create any lawyer-client relationship. The information provided under this website is solely available at your request for information purposed only, should not be interpreted as soliciting or advertisement. We are not liable for any consequence of any action taken by the user relying on legal material/information provided under this website. In cases where the user has any legal dowry consultation issues, he/she in all cases must seek independent legal advice from  his own reliable sources & contacts. Disputes if any shall be subject to Delhi Jurisdiction only. General Disclaimer applies.




3 comments:

  1. Hi, I am NRI for UK. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents.

    ReplyDelete
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Quashing of FIR u/s 482

PLEASE FIRST READ DISCLAIMER AT BOTTOM* NOTE:- Advise available for all countries  laws  vis-a-vis adultery & divorce so if you w...