My marriage was solemnised in the year 2010 at Patna, Bihar. My father in law and his family known to us for a long time. He filed a false case of dowry death against all the member of our family. In the year 2014 December my wife met an accident and it was hospitalised for treatment. She received many minor injuries but she got well but after 23 days from the date of discharged from hospital he felt high fever and backache due to this ailment I again hospitalised her in a reputed hospital.
Due to high fever and internal bleeding, she died in hospital during treatment. I have all the records like doctor’s prescription, discharge slip, postmortem report etc. My father in law and his family members were also present in the funeral. They raised no issue regarding her death but they were very co-operative in all the funeral and other rites. But after 2 months of her death, they filed a false case of dowry death and cruelty under section 304 B, 498 A at Patna, XXXX Police station. The investigation is completed and the trial is yet to begin in a few months. I am innocent and have sufficient evidence to prove it, my advocate told that FIR may be quashed by the High court if any application is a file under section 482. Please help.
Your advocate is right, you should apply to the High court because there are many grounds to quash this false proceeding.
- Patna court has no jurisdiction to try this case because no cause of action arises in its jurisdiction.
- Cognizance of the case and investigation is illegal due to lack of jurisdiction.
- Section 177, 178, 178 CRPC provides jurisdiction for trial of criminal cases.
- In Y. Abraham Ajith vs Inspector of Police AIR 2004 SC held by the supreme court that court has no jurisdiction to try a case where no part of the offence is committed in its local jurisdiction.
- The offence has been committed in Bangalore, the funeral is performed in Bangalore and there was no demand of dowry before her death.
- However her death caused within 7 years of her marriage but she was not subjected to cruelty in connection with demand of dowry, soon before death.
You have sufficient grounds to quash this proceeding including FIR so go through the opinion of your advocate.