498a quashing before or after cognizance?
Querist :
Anonymous
(Querist) 11 December 2024
This query is : Resolved
My wife filed a false FIR against me and my father under Section 498A, 3/4 Dowry Prohibition Act, and 506 IPC. She accused us of demanding ₹5 lakhs in cash and car, and subjecting her to mental and physical harassment. In her statement as per IO, she also named my brother, who resides abroad.
The police have now filed the chargesheet in court, but the clerk not providing the certified copy, stating that the magistrate is on leave, and cognizance has not yet been taken. They have not given a timeline. Now what to do to get certified copy of chargeseet and a case dairy?
Should I approach the High Court for 498a quashing before or after cognizance is taken? or I should wait for court summons?
T. Kalaiselvan, Advocate
(Expert) 11 December 2024
It is better you wait for the court to take the case on its files and issue notice to you for appearance, you will be supplied with free copy of the charge sheet and after that you can approach high court with a petition to quash the same for the reasons you rely upon. That will be an effective step.
P. Venu
(Expert) 11 December 2024
To my knowledge, the petition in the High Court to quash the proceedings could be filed at any stage. However, such petitions are allowed only in exceptional circumstances where the charge report taken as whole and accepted at its entirety does not disclose the offence, as alleged.
