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498a squash procedure before chargesheet

My wife filed FIR in police station for 498a 3 months back . Chargesheet was not filed until now by IO. I want to apply for quash petition in HC.

1) Can I apply for FIR quash before chargesheet filed ?

2) Let me know where can I get certified copy of FIR ?

I got mixed answers for this question earlier.. Experts please advise me exact procedure >>>URGENT PLEASE

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2 Replies

Aryan Raj 09 February 2022

Dear Queriest,

To quash criminal proceedings under Section 482 of the Criminal Procedure Code, a Court cannot rely on a "draft charge-sheet" that has yet to be presented to the Magistrate. So an FIR can be quashed before filing of a chargesheet.

You can request a certified copy of FIR from the concerned police officer or the Superintendent of Police by submitting an application through your representative and paying the fee required to obtain such a copy from the Court. The copy must be provided within twenty-four hours of the application being made.

Regards,

Aryan Raj