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494 crpc my wife complaint against me under section 498a and 494
17-Jul-2023 (In Divorce Law)
My wife complaint to the police station that I have did 2nd marriage, police start investigation bt nothithing to found any evidence... it goes 80 days after FIR. If they dont have any eye witness and evidence what happen in this case. How long case run? Can I quashe this case.. plz advice me
Is there any other allegation or allegations againest you or only complaint regarding this 2nd marrige issue?
If the complaint is only regarding this 2nd marrige issue and you have not done this then after investigating police will submit a closer report to the FIR and your case will be closed or else if something found or found regarding any other allegation then on the basis of that police may call you for investigation and thereafter may file chargsheet.
in that case you can file Quashing petition before High Court and then it will be upon the court whether Quashing will be granted or not after hearing the matter.
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Adv. Hemanta Kumar Das
Adv. Hemanta Kumar Das
Kolkata | 100+ Answers
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oh I like to quash fir. if you have a good case for quashing then certainly it can be quashed. also if the police do not find any evidences against you it may file a final report true and you and the case will end against you. so you should wait for the police to file chargesheet and if the police is taking too much time then you can approach the high court to get the fir quashed.
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B (Delhi),
Advocate,
High Court, Calcutta.
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Adv. Tanmoy Chattopadhyay
Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
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As FIR has been lodged against you, then it is necessary to take anticipatory bail to protect yourself from arrest. You can file case before High Court for Quashing of FIR. If you wish to take my Legal opinion professionally upon online payment, then can whatsapp.
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Adv. Sinjari Bandyopadhyaya Banerjee
Adv. Sinjari Bandyopadhyaya Banerjee
Kolkata | 700+ Answers
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dear client as per your query what sections are filled against you say in details has the chargesheet been filed you can also apply for quashing of the fir what is your jurisdiction place...say in details...
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Adv. Priyanka Singh
Adv. Priyanka Singh
Kolkata | 1000+ Answers
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According to the Hindu Marriage Act, 1955, any marriage between two Hindus (including Buddhist, Jaina or Sikh) solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
In your case if your wife can not be able to produce any evidence before the Court at the time of evidence stage or on the ground of non appearance of witnesses you may be acquitted and it may take few year atleast 3-5 years in accordance with the Court's proceedures and you have no right to quashed this case earlier.
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Adv. Amitava Chakraborty
Adv. Amitava Chakraborty
Barrackpore | 25+ Answers
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