Is it valid ? Three accused names under A1

Tilak Marg Forum for Legal Questions Forums Criminal Law Is it valid ? Three accused names under A1

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    • #535

      Dear Sir,

      My wife has filed 498a, DP 3/4, SC/ST POA on me and my parents. I have obtained stay from High court.

      I have a question, I read my FIR where me, my dad and mom are under accused A1. Is it really valid to name three people under A1 ?

      If it is not valid, can I use as a ground to quash criminal proceeding against me ad my parents ?

      NOTE : There is no investigation before FIR and once FIR was done, I have obtained Stay.

      HC gave stay order and wrote, further proceedings stayed till next date.

      Thanks and regards,
      Arjun

    • #538

      Usually, each individual accused person would be referred to with a different accused number, such as A1, A2, A3, etc. So, in your FIR, it may be by mistake that 3 accused persons are referred to as A1 collectively. Sometimes, by mistake, all 3 names might have been mentioned under the same heading of A1 (more so, it may happen if the address is common and names are given in short form).

      Merely because 3 accused persons are shown as A1 will not be a ground to quash the FIR. FIR is generally to be quashed on the basis of the guidelines laid down by the Supreme Court in the case of Bhajan Lal. So, if one or more of those guidelines are attracted in your case, the FIR can be quashed.

      Secondly, investigation has to start only after the registration of the FIR, and not before it (though sometimes, limited preliminary enquiry may be permissible in some situations as mandated by the Supreme Court in Lalita Kumari case).     


      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.

    • #540

      Thank you sir. But why do most say that FIR wont be quashed with respect to Husband ?

      In many cases, only Husbands parents are discharged. But not Husband, even if all the allegation are so absurd ?

      How does court view the matter in general before quashing a “Matrimonial dispute” ?

    • #541

      Discharge (or quashing) depends on the facts and circumstances of each individual case and no hard and fast rule can be laid down that it can happen only in respect of the family members and not in case of husband.     


      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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