Quashing of Revenge Cases

Tilak Marg Forum for Legal Questions Forums Criminal Law Quashing of Revenge Cases

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    • #3595

      Hi sir- 4 months after I filed forgery case on my wife she filed a string of false cases like 377, 498a etc. She is actually out on bail. That being the case, can I go for quashing of these revenge counter cases filed by her saying because I filed a case on her 4 months back, she has filed these false cases? Please advise.

    • #3598

      The fact that your wife has filed a case against you much after you had filed a forgery case against her, will definitely go in your favour to give an indication that she might have filed the case in a revengeful manner. While this will be an added factor in your favour, ultimately the case filed by her will be decided on its own facts and merits. You may have to show as to how the case filed by her is false and non-existing. I remember that in another question you had mentioned that for last about 2 years or so, you are not in India and are living in some other country. So, that may also help you to prove that she has filed a case against you on the basis of non-existing facts. However, you should go in for quashing of the case filed by her against you mainly on the basis of the facts / merits of her case, while of course you can make use of above points in your favour.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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