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Author Topic: Quash Petition 482 CRPC for 498A before charge sheet or after charge sheet  (Read 1436 times)

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Offline kasharora82

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I have filed a divorce petition in April 2015 at Family court (Hyd) on the ground of her medical unfit and physical abuse and cruetly  and my wife filed a 498A at NGP police station on Nov 2015.  We were married in June 2012 and have no children. When I filed the petition for divorce I am in India and she has been staying abroad.

Here are my questions:
1. The FIR has been registered against me and my family. We have gone to the PS and given our statements (bayan) before the investigation officer. We have been granted anticipatory bail for all of us. When should I proceed to quash the FIR? Before the charge sheet or after the charge sheet.?

2.  When the police prepares the charge sheet do we have to provide all the evidences to falsify the allegations that she has raised for me and my family?

3. What is the procedure for quashing the FIR at this stage of my proceedings?

4. Can we get a letter of discharge from the lower court (court that has given us bail) under section 227 and section 239 so that after this we then proceed for filing the quash under section 482 CRPC with high court in NGP?

5. How can I take an order from Supreme court so that all my family members are safeguarded before she appraches to appeal in SC for decision of HC for quash petition or anything else?

6. I also heard from reliable sources that she has approached filing in transfer of case from family court hyderabad to her own city to Supreme court. How do I safeguard myself and my family and how can i bring the case back to Hyd as my parents are medically unfit and I have to be with them all the time for medication and cannot afford to go to supreme court in Delhi. Should I wait for the news from family court to come or I proceed well in advance to SC to stop for initiating transfer?

Offline am

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Good question and topic. But no reply, can any expert member throw some light please?

 

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