LawRato

Section 85 BNS filed against me, my brother and sister-in-law


21-May-2025 (In Criminal Law)
I got married in Feb 2024. My wife filed an FIR against me (I stay in India), my brother and sister-in-law (who stays abroad) in October 2024. They left within a week of marriage. I took anticipatory bail for myself. My wife hasn't filed any divorce/domestic violence case against me in the court yet. I have been waiting for the chargesheet to be filed by the IO but the IO is delaying it. What action to be taken for my brother and sister-in-law to remove their names who has no involvement?
Answers (5)

Answer #1
798 votes
Your brother and sister-in-law can file a quashing petition under Section of BNSS before the High Court, citing lack of role, no allegations, and abuse of process. Delay in chargesheet can also be challenged.
Helpful? LawRato LawRato
Answer #2
990 votes
File Quashing don’t wait for chargesheet , if you file application for quashing then if the court grants interview relief as not to file chargesheet to your brother and sister in law then police can not file chargesheet against u so u will indirectly get benefits of that order
Helpful? LawRato LawRato
Answer #3
979 votes
Well, if the IO has been intentionally delaying filing of the Chargesheet, then, you can file an Application in Court justifying the delay which has been caused intentionally by the IO in filing your Chargesheet and if the Court gets convinced, then, the Court may order the IO to file Chargesheet within a time bound period, also making him accountable to do proper investigation for submission of Chargesheet.
Helpful? LawRato LawRato
Answer #4
663 votes
for that you need to share the FIR copy first and according to that anyone will understand the incident mentioned in FIR also please have discussion in that we can share you legal remedies where you can remove the name of both
Helpful? LawRato LawRato
Answer #5
664 votes
Dear client based on your query, seeking relief is necessary for quashing the FIR or requesting a closure report due to lack of evidence under criminal procedure code may help remove their name, also as per this matter we can help you regard the process and in legal ways for which you can contact us.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."