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My wife has filed cases under domestic violence act against me and my sisters who are already married and residing abroad
Question
My wife has filed cases under domestic violence act against me and my sisters who are already married and residing abroad. Except for the marriage, they have never been in the company of my wife. The police during investigation obtained call data and chat data between my sisters and my wife. Though as per the chat data, there was no threat or any demand for dowry however the police has challaned my sisters showing that there were constant calls between the parties. Can I file for quashing of the FIR as the wife has now filed a divorce on the ground of cruelty and desertion?
Answers ( 2 )
you can file for quashing petition if no charges have been framed by the court yet. Further the evidence can be controverted because the chat messages are not showing any kind of dowry demand or any threats being given by your sisters. Now a days it is a trend to implicate the entire family in such like cases and the Courts are also aware of such misuse. Hence get yourself a good lawyer or you may contact the team of Instalegal for getting the quashing petition drafted because the entire case would depend upon the lawyer presenting your case. The decided law is on both the sides hence be careful. The divorce filed by your wife may help you as a corroborative piece of evidence for the quashing petition.
The challan has been presented against your sisters but whether charge should be framed or not would be in the domain of the court where the charge is to be argued on the basis of the challan. charges are framed only when a prima facie case is made out against the person accused. the courts are also aware of the fact that now a days the entire family is roped in when the allegations are only against the husband. hence you can file for quashing and argue the case on merits.