Chandigarh High Court lawyer said email are not an authenticate proof to quash FIR of dowry?

Question

Chandigarh High Court lawyer said that email either they are photostate or on domain(means original) are not an authenticate proof to quash the FIR of Dowry case.Is it true ? Plz tell.

Answer 1

Its not true!

Your lawyer is just pulling a fast one do not belive him - take this as a proof of fooling you and convincing you so that you pay more and use him/her in the high court too. There are a few cases in Chandigarh High Court itself of this - yes in the lower courts since the lawyers and judges are from stone age and illitrate they do not give importance to emails. But High court does. As long as the e-mails still lie on the net and has the ip addresses of the origin with the date and time stamps it will be considered for quash, you could also use the ip locator to prove the origin of the mail ie service providers details and from them pick the exact location of the ip used on that day at that time.

You yourself can think of how cybercrime is a crime in the Indian Courts, even that is through emails rt? Not the hacking part but I mean the threats,abuses, defamations, etcs!!

Get some good lawyer to pull out citations from chandigarh and delhi high courts there are doezens of them.

But just a quick word of note another proof that your lawyer is just bullying you is - for Quashing FIR of dowry - is to prove the FIR/complaint itself wrong ie a battle of words of how they contradict each other and the situation - I hope you get what I mean and you do not need to submit anyother evidences. A Quash is basically proving that the complaint itself is wrong and false and for a different purpose. And all the quashes of 498 across India has been done in the same lines.

Answer 2

First of all tell me about your case DV act or 498a.

Answer 3

he has to establih the mail authincation

Answer 4

What all I can make out from your this question & last question, that you filled a criminal complaint against your Husband for dowry demand, cruelty etc in local Chandigarh court for which your husband moved the High Court in/from U.K. for quashing this dowry complaint, now firstly how come the U.K. High court has any jurisdiction to quash the F.I.R filed by you in India, that too will not so easy as one may think as section 482 of the Criminal Procedure Code no doubt which provides inherent powers to the High Court to quash any F.I.R if the facts & circumstances of the case so require. Rather the Supreme Court had passed very strict orders against free use of this inherent power by many High Courts to quash the F.I.R in Dowry demand/cruelty matters as usually both parties agree for the withdrawal of the criminal case under section 498A I.P.C & the Prohibition of Dowry Act, for that they move the State High Court with Criminal Miscl. Application under Section 482 of the Criminal Procedure Code for seeking the F.I.R quashed by the High Court thus bringing end to the whole matter. On this issue the Supreme Court has held that this power under section 482 Cr.P.C should only be used in specific cases where the quashing of F.I.R is actually required otherwise irreparable harm will be caused to the party, just to void any injustice the High Court can use this power to quash such F.I.R with regard to dowry demand/cruelty. Let the criminal complaint be completely heard & decided on merits by the concerned court, if there is no evidence with regard to dowry demand or cruelty, the criminal charges will fail & the accused get discharged/released, otherwise there are provisions for moving the higher court in Appeal against any conviction. Let the proper legal system be followed in these dowry cases too. So you see if your husband &/or you, now even decide to get this F.I.R quashed by the High Court of Punjab & Haryana in Chandigarh this may not be so easy for you to get it, as far your husband seeking & getting an Order of U.K. High Court has no Jurisdiction in this matter. As far conveying of any order/matter to the court by email etc is concerned it has been established law that all electronic messages/mails etc are admissible evidence in the court under the latest amended Evidence Act so to say that High Court of Punjab & Haryana will not admit any email for deciding any issue is wrong, but will the said High Court will be bound by any order of any foreign court is doubtful matter based on the well established principle of law. How will the application of your husband u/s482 Cr.P.C for quashing the F.I.R. will be allowed is also a matter of doubt based on the Supreme Court's decisions on application of this provision of the law as I have discussed above. However, unless your complete case file is studied I cannot further comment on this issue.