Mani123456 (Engineer) 05 January 2010

quashing of 498a

Hi,

I have tried quashing of 498a against me and my parents. So FIR is stayed. Now I would like to know what are the other steps ahead?

My Lawyer told the FIR is a vague so he suggested that it can be quashed though it is difficult.

Regards

Manish

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 05 January 2010

YOUR ADVOCATE IS RIGHT.

Kiran Kumar (Lawyer) 05 January 2010

Supreme Court has set out guidelines in various of its judgments regarding quashing of FIR.

ur lawyer must be aware of Bhajan Lal's case, an important one for quashing related interpretation.

otherwise all depends upon the facts of the case, if the FIR is really vague and totally misuse of process of law, then it can be quashed.

in recent judgments SC has also changed its view point in S.498-A cases....but still the facts are to be considered.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 January 2010

If FIR is vague, it can definitely be got quashed by invoking the extra jurisdiction vested in High courts under section 482 Cr. PC.