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Arka Foundation ( A D R)     01 November 2010

Quash on 498a

 

Hello All,

In the narrative of complaint  there is inconsitency and incoherence with regard to the chronology (dates and times) and situations (places) which do not conform to each other thus resulting in illogical and improbable happenings and acts which are projected as criminal acts by the complainant

 

In such a scenario whether the case merits for seeking

a) quash petition

b) discharge petition

c) which ever releifein any other forum

What is the recourse or relief avaialble for the accused? or he should necessarily wait for the trail proceedings

 

Thks & Rgds

 

 

 

 

 



Learning

 2 Replies

Kiran Kumar (Lawyer)     01 November 2010

you can approach HC for quashing of the complaint/ FIR in case there is total abuse of process of law.

 

Hon'ble SC has already explained the law for this purpose in a case titled State of Haryana v/s Bhajan Lal.

 

better seek advice from local (HC) lawyer in this context, who will prepare the matter keeping in view the whole facts of the case.

adv. rajeev ( rajoo ) (practicing advocate)     01 November 2010

Approach the high court for quashing the FIR.  If charge sheet is filed then file a discharge application in the same court, if it is rejected then approach the high court.


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