How to Quash Private complaint in CFR Stage

550 votes

hi first need to see the allegations mentioned in the FIR and private complaint copy and if it is based on all false allegations then you could file quash petition in high court and that you were no where connected to allegations mentioned in it

Advocate Baddam Aravind Reddy LawRato

730 votes

At the CFR stage, a High Court quashing petition under Section 528 BNSS (Sec 482 CrPC) is premature. Highlight your pending Restitution of Conjugal Rights petition and health policy as concrete evidence of your genuine intent to cohabit, Using precedents like Arnesh Kumar case to protect against arbitrary arrests and expose the complaint as a counter-blast, approach us we will help u

Advocate Rajkiran Govindcar LawRato

604 votes

Namaste, I have gone through your query. Your wife has filed a private complaint before the Magistrate alleging cruelty, cheating and attempt to murder, and the matter is still at the preliminary stage. Cognizance has not yet been taken and no summons has been issued to you. At this stage you are well placed to defend yourself. First, under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, a Magistrate cannot take cognizance of a private complaint without first giving the accused an opportunity of being heard. Make sure your advocate appears for you at this stage and places your side on record. This includes her consent to live with you, your pending restitution of conjugal rights petition, the health policy you took for her, and the fact that the complaint was filed only after her mother's influence. Many such complaints are dropped at this stage itself. Second, if the Magistrate refers the complaint to the police for investigation or takes cognizance and issues summons, you can file a quash petition before the High Court under Section 528 BNSS, which corresponds to the old Section 482 CrPC. The Supreme Court in Bhajan Lal and Kahkashan Kausar has held that vague and general allegations made in matrimonial disputes can be quashed. A cheating charge between husband and wife is usually unsustainable, and an attempt to murder charge cannot stand without specific acts, injuries and medical evidence. Courts generally prefer to quash after cognizance, so filing too early may not help. Third, as a precaution, keep an anticipatory bail petition ready under Section 482 BNSS in case the matter is sent to the police. Please also preserve all messages, call records and documents showing her willingness to live with you, and keep pursuing your restitution petition, as it shows your bona fides. To advise you precisely, I need to know the date on which the alleged incidents took place, whether the Magistrate has sent the complaint to the police, the specific allegations against you and your family members, and whether any injury certificate or medical record has been filed. With proper handling at the hearing stage itself, there is a good chance of getting this complaint closed.

Advocate Naresh Gaddapati LawRato