Nidhi malhotra (proprieter) 28 April 2011

Is it possible to quash this 498a case

Hi,

We have applied for a petition for quashing 498a in allahbad high court. The girl was in india for only 8 days and it was a love marriage.She has accused me (sister) ,mother,father and offcource my brother (husband).After 8 days in india they went to USA.

She filled a case against my brother after 2months for assault. and left for india.My brother won two cases in USA as there were no marks/injury found on her.She also took away all the jwellery and money from USA for which my brother filled a complaint in USA.

Is it possible to quash this case? The main tenure she was in USA and for which we have already won the case and for the 8 days she was in india we have a lot of videos showing the various family functions she was enjoying and i also have her fathers recording where he had denied any reason for her daughter filling any case in USA

thanks for ur help in advance

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10 Replies

stylistperson (Director) 13 May 2011

IF YOU HAVE GOOD EVIDENCES TO PROVE THE FALSE COMPLAINT, YOU CAN APPLY TO QUASH IN HIGH COURT. READ MY FORUM, HOW AND WHERE TO FIGHT AGAINST 498A. YOU WILL GET SOME HELP THERE.

ramprasad reddy. pottipati (Lawyer) 27 May 2011

it is a good case for quash since that lady stayed only 8 days with u and it is high time to believe that u also conjointly harass along with your brother and he successfully over come the allegations leveled in USA and the judgments should file in quash petition as she unnecessrily dragged you as an accused and the foreign court already adjudicated that the lady made false allegations against your brother and u may raise the same that in order to harass your family members the case was being registered for the reasons best known to her.

Arup (UNEMPLOYED) 27 May 2011

yes the case against you should be quashed.

her husband may get divorce on this ground (no cut mark found - ground cruelty).

(Guest)

People should be punished for falsely alleging domestic violence! only then such false cases will stop. I hope this case starts a trend.

hema (law officer) 27 May 2011

allegations (such as seeing 8 days videos showing the complainant in jovial mood amongst relatives and friends and come to conclusion that no harassment has happened) (2)not to sift the evidence available on record ( means to look into Section 161 statements, medical reports etc.) (3) to give the trial court full opportunity to get evidence and to decide the matter. BUT, FIR CAN BE QUASHED IF THE CHARGES LEVELLED AGAINST THE ACCUSED ASSUMED TO HAVE BEEN PROVED BYOND REASONABLE DOUBT AND EVEN THEN IF THEY WILL NOT COME WITHIN THE PURVIEW OF OFFENCES AS DEFINED IN THE CODE.

the author is saying - "She filled a case against my brother after 2months for assault. and left for india."

It appears she did not contest the case in USA and hence, the verdict of USA cannot become estoppel for her and the Indian courts are not binding on such decisions. As Section 498-A is a continuing offence, admittedly she can file the case on Indian soil. If she alleges that in the 8 days period harassment is perpetrated against her, then it will be her/state's responsibility to prove the allegations of 8 days as well as harassments caused to her on USA soil by her husband.

There is a slim chance, in my opinion, that the FIR will be quashed.

I regret to Uma's response that she immediately branded the allegations of wife as false, which responsibility lies with the court and the court discharges such responsibility after giving full opportunity to both the parties to lead all the evidence.

Nidhi malhotra (proprieter) 29 May 2011

thank you all for ur response...

thanks hema for ur response tooo.... may b u are not aware hw much this law has been misused becaz of which u regret Uma's response..only people going through hardship knows what is the real truth.......may b u really trust indian judiciary system..n beleive tht the so called "responsible court" gives opportunity to both the sides..etc etc..but the fact is.. in india wommen r called "abla naari" ...and "abla naari" only if they are daughter in law.....indian judiciary system costs ur 10-15years to get the justice..........i dont want to say that ..but i seriously wish ..that each n every family should actually go through such fake case in order to realise how much these cases r kiling families and what is the real fact associated with the section called "498a" ........

only people who go through such mess knows what has happened..others can sit n only clap the entertainment thet get......

(Guest)

498A victim,

You should surely try for a quash under section 482, at the initial stage itself. But remember, for 482 quash at this stage, the evidences will not be seen at all by the court. All thats important is "is there a prima facie offence made out as in 498A?" Read some 498A judgments and majorly some quash judgments to get thorough idea.

These matters go on for years and get uncontrolled. So, better start learning right now.

Yes, these laws are being misused badly more so by women who leave the hubbys in a very short duration marriage and then file false cases just to pressurize the hubby's family for a heavy settlement. This misuse has increased becoz people give-in to this extortion easily and pay up heavily. The day we decide not to succumb to extortion and fight for getting justice and a clean acquittal, I am sure this misuse will slowly end.

(Guest)

Read :

498a-quash-under-jurisdiction-issue

1. https://498afighthard.wordpress.com/2011/02/16/ipc-498a-quashed-jurisdiction-issue/

[PATNA HIGH COURT]

2. https://498afighthard.wordpress.com/2011/02/11/ipc-498a406120-b-quashed-jurisdiction-issue-10-accused/

(498a Wife taken back by husband after mutual compromise again got hit of 498a, IPC 498a/406 Quashed by Ranchi High Court-Jurisdiction Issue.)

[RANCHI HIGH COURT]

3. https://498afighthard.wordpress.com/2010/10/25/section-498a-i-p-c-and-territorial-jurisdiction/

[ RAJSTHAN HIGH COURT]

4. https://498afighthard.wordpress.com/2010/10/25/498a-%e2%80%93-territorial-jurisdiction/

[PUNJAB AND HARYANA HIGH COURT]

5. https://498afighthard.wordpress.com/2010/10/25/section-498a-jurisdiction/

[MADRAS HIGH COURT]

6. https://498afighthard.wordpress.com/2010/10/25/quashing-of-fir-and-jurisdiction/

[DELHI HIGH COURT]

7. https://498afighthard.wordpress.com/2010/10/15/498a-quashed-jurisdiction/

[PATNA HIGH COURT]

8. https://498afighthard.wordpress.com/2010/10/15/498a40634-quashno-jurisdiction-in-the-place-of-offence-in-case-the-alleged-cruelty-taken-place-overseas/

[DELHI HIGH COURT]

498A QUASH AND AQUITTAL JUDGEMENTS

9. https://498afighthard.wordpress.com/2011/03/31/hc-498a-quashed-against-a2-to-a5/

[RANCHI HIGH COURT]

10. https://498afighthard.wordpress.com/2011/02/16/ipc-498a-quashed-fir-to-harras-husband-and-his-familyabuse-of-process-of-law/

[ SUPREME COURT OF INDIA]

11. https://498afighthard.wordpress.com/2011/02/16/ipc-498a-quashed-complaint-after-divorce-malicious-supression-of-facts/

[PATNA HIGH COURT]

12. https://498afighthard.wordpress.com/2011/02/16/ipc-498a-quashed-not-a-relative-of-husband/

[SUPREME COURT OF INDIA]

13. https://498afighthard.wordpress.com/2011/02/15/ipc-498a-quashed-abuse-of-process-of-law/

[PATNA HIGH COURT]

Once allegation made by the complainant was thoroughly investigated by the investigating agency and, thereafter, final form was submitted and subsequently a protest petition which was filed by the complainant had also been rejected on 28.6.2000 while accepting the final form, the court feels that allowing the second complaint on the same allegation and that too after solemnization of marriage by opposite party no.2 with another one during life time of petitioner no.1, will amount to allowing abuse of process of court.

14. https://498afighthard.wordpress.com/2011/02/15/ipc-498a506323504114-quashed-abuse-of-process-of-law/

[AHMEDABAD HIGH COURT]

15. https://498afighthard.wordpress.com/2011/02/15/ipc-498a3235045062144-quashed-no-case-of-dowry-demand-or-cruelty-against-petitioner/

[AHMEDABAD HIGH COURT]

16. https://498afighthard.wordpress.com/2011/02/15/ipc-498adp3-4-quashed-repeat-firearlier-case-dismissed-by-court-for-non-appearance-of-wife/

[PATNA HIGH COURT]

17. https://498afighthard.wordpress.com/2011/02/13/ipc-498a323-quashed-divorce-already-granted-to-wife-in-divorce-deedpetition-no-allegation-of-demand-of-dowrycruelty/

[PATNA HIGH COURT]

18. https://498afighthard.wordpress.com/2011/02/13/ipc-498a494-quashed-second-wife-cannot-file-498a494-if-first-marriage-with-first-wife-still-existing/

[PATNA HIGH COURT]

19. https://498afighthard.wordpress.com/2011/02/13/ipc-498a-quashed-delay-in-filing-the-complain-forced-marriage-and-kidnap/

[PATNA HIGH COURT]

20. https://498afighthard.wordpress.com/2011/02/13/ipc-498a-quashed-not-a-relative-of-inlaws-family/

[PATNA HIGH COURT]

21. https://498afighthard.wordpress.com/2011/02/13/ipc-498a30634-quashed-bombay-hc-evidence-does-not-show-that-cruel-treatment-or-harassment-is-given-by-the-appellants-which-lead-to-commission-of-suicide-by-the-deceased/

[BOMBAY HIGH COURT]

22. https://498afighthard.wordpress.com/2011/02/09/ipc-498a40650634-quashed-even-after-wife-opposing-quashing-of-firwife-earlier-got-divorce-on-mutual-compromise/

[DELHI HIGH COURT]

23. https://498afighthard.wordpress.com/2011/02/09/ipc-498a406-quashed-loc-cancelled/

[DELHI HIGH COURT]

24. https://498afighthard.wordpress.com/2011/02/09/ipc-498a40634-quashed-section-crpc-468-limitation-of-time-invoked/

[DELHI HIGH COURT]

25. https://498afighthard.wordpress.com/2011/02/08/ipc-498a304b-quashed/

[DELHI HIGH COURT]

Every suicide after marriage cannot be presumed to be a suicide due to dowry demand. There is an unfortunate development under criminal justice system that even in those cases where accused should be examined as a witness by the defence, the accused persons are not examined as a witness. In matrimonial offences, it is the accused and his family members who know what transpired within the family and they should always volunteer themselves as witnesses in the Court so that the Court gets their side of the version by way of evidence and testimony. Under Section 106 of Evidence Act, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. When a death takes place within the four walls of matrimonial home, the husband and in-laws should come forward and depose as to what was the real cause of death. The criminal practice in India has been on the lines of old track that accused must not speak and he should not be examined as a witness. I do not know why this practice developed but in all matrimonial offences, this practice is shutting the doors of the Court, to the version of the other side, by their advocates.

26. https://498afighthard.files.wordpress.com/2011/02/manu-nath-others.pdf

[DELHI HIGH COURT]

27. https://498afighthard.wordpress.com/2011/02/08/498a304b406-quashed-after-charge-framing-by-lower-court/

[ DELHI HIGH COURT]

28. https://498afighthard.wordpress.com/2011/02/06/304b498a-quashed-by-sc-trial-court-aquittal-decision-is-correct-high-court-conviction-decision-is-not-correct/

[SUPREME COURT OF INDIA]

29. https://498afighthard.wordpress.com/2011/02/06/498a-quashed-by-sc-vague-allegations-fir-quashed/

[SUPREME COURT OF INDIA]

[In order to lodge a proper complaint, mere mention of the sections andthe language of those sections is not end of the matter. What is requiredto be brought to the notice of the court is particulars of the offence committed by each and every accused and the role played by each and every accused in committing of that offence. The complaint is sadly vague.]

30. https://498afighthard.wordpress.com/2011/02/06/498a-quashed-by-sc-ipc-498a-after-divorce-fir-is-manifestly-attended-with-malafides-and-actuated-withulterior-motive/

[SUPREME COURT OF INDIA]

31. https://498afighthard.wordpress.com/2011/01/30/ipc-498anot-a-relative-of-husband/

Concubine or Paramour cannot be termed as relatives

Detailed definition of Relative by Hon’ble Supreme Court

[SUPREME COURT OF INDIA]

32. https://498afighthard.wordpress.com/2011/01/30/ipc-498a-quashed/

[SUPREME COURT OF INDIA]

33. https://498afighthard.wordpress.com/2011/01/10/cheating498a-and-2nd-marriage-is-not-valid/

[AP HIGH COURT]

34. https://498afighthard.wordpress.com/2011/01/10/section-406-and-498a-of-ipc-quash/

[DELHI HIGH COURT]

35. https://498afighthard.wordpress.com/2011/01/10/498a-quash-against-minor-girls/

[DELHI HIGH COURT]

36. https://498afighthard.wordpress.com/2010/11/04/contradictory-dying-declarations-accused-discharged-from-498a304b/

[DELHI HIGH COURT]

37. https://498afighthard.wordpress.com/2010/10/29/498a-quashed-even-after-wife-backed-off-by-from-mutual-agreement-after-taking-divorce-from-husband/

[SUPREME COURT OF INDIA]

38. https://498afighthard.wordpress.com/2010/10/29/no-relative-498a-quashed-by-sc/

[SUPREME COURT OF INDIA]

39. https://498afighthard.wordpress.com/2010/10/29/girl-friendconcubine-is-not-relative-498a-quashed-by-sc/

[SUPREME COURT OF INDIA]

40. https://498afighthard.wordpress.com/2010/10/29/no-relative-of-the-complainant-498a-quashed-by-sc/

[SUPREME COURT OF INDIA]

41. https://498afighthard.wordpress.com/2010/10/15/498a-323-and-341-quashed-fir-after-divorce-with-oblique-motivemalicioussuppression-of-facts/

[PATNA HIGH COURT]

42. https://498afighthard.wordpress.com/2010/10/15/498a-quashed-after-cognizance-from-sdjm/

[PATNA HIGH COURT]

43. https://498afighthard.wordpress.com/2010/10/15/498a304bno-conviction-for-mere-demand-of-dowry/

[SUPREME COURT OF INDIA]

44. https://498afighthard.wordpress.com/2010/10/15/498a-quash/

[DELHI HIGH COURT]

45. https://498afighthard.wordpress.com/2010/10/15/498a-quash-%e2%80%93-delayed-lodging-of-fir/

[DELHI HIGH COURT]

Nitish Banka (lawyer) 04 February 2018

498a Quashing-How to Quash?

Posted by: nitish788 Categories: Uncategorized

1 Comment

498a Quashing-How to Quash?

These days its quite an easy tasks for women to register a FIR by attributing allegations of cruelty and a case is registered and thereby the husband and his family members has to go harassment and torture. Now one remedy is available for them which can relieve them from all the harassment and torture and that is quashing of FIR under 482 CrPC. But this remedy is generally very sparingly and rarely exercised by the courts. Generally allegations of cruelty are mentioned in the FIR and based on this FIR is lodged but sometimes police forgets that in the cases of 498a general allegations of cruelty does not stand, the allegation must qualify either of the two parts as envisaged in section 498a.

Image result for 498a quash

First part is that the harassment which can be physical or mental is of such a nature that it could cause women to put her under grievous hurt or she may even commit suicide based on such harassment, therefore only gravest form of harassment are covered, but less graver form of harassment can be used in civil suit for divorce. if the FIR does not satisfy this ingredient the Fir can be quashed as held

In Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736, it was held that the Magistrate while issuing process against the accused should satisfy himself as to whether the allegations made in the complaint, if proved, would ultimately end in the conviction of the accused. It was held that the order of Magistrate for issuing process against the accused could be quashed under the following circumstances: (SCC p. 741, para 5) “(1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused; (2) Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;
(3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or
inadmissible; and (4) Where the complaint suffers from fundamental legal defects, such as, want of sanction, or absence of a complaint by legally competent authority and the like.”

Shakson Belthissor vs State Of Kerala & Anr on 6 July, 2009

In order to understand the meaning of the expression `cruelty’ as envisaged under Section 498A, there must be such a conduct on the part of the husband or relatives of the husband of woman which is of such a nature as to cause the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman.

Therefore if prima facie the charge sheet or FIR does not disclose an offence under section 498a the court can quash

the proceedings.

Warm Regards,

Adv.Nitish Banka

Advocate Supreme Court of India

nitish@lexspeak.in

Nitish Banka (lawyer) 22 April 2018

Anticipatory Bail in 498a

Posted by: Nitish Banka Categories: Criminal Law

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Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

Old parents this ground works if parents are old.
Prior divorce petition pending.
Strong roots in society
Ready and willing to join investigation.
Vague allegations
Delay in filing FIR
Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997