Quashing of criminal proceeding 397 or 482

4 years ago

Greetings !

I am facing trial under section 347 and 387 due to a false complaint regd in Aug 2015. Before filing of complaint against me, I had initiated civil and criminal action against the said complainant. So this is a counter complaint in revenge. Even as per complaint there is absolutely no allegation of physical delivery of any valuable security or property and hence the offence u/s above is not made out.

Charge sheet was laid in Jan 2016 and Charges have been framed on 6.10.2017 but the evidence is yet to commence. What remedy do I have now at my disposal for termination of the proceeding without a full blown trial.

i) 397 Revision before Sessions Court with delay condonation
ii) 397 Revision before HC
iii) 482 quashing of FIR and Chargesheet by HC
iv) Art 227 r/w 482 CrPC before HC for quashing of charges framed by CJM Court
v) Any other..?

Will delay condonation still be applicable for 482?

Thanks and Regards,