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Can i squash 498a ?

(Querist) 19 December 2010 This query is : Resolved 
Hi all,
This is regarding squashing 498a after the chargesheet has been submitted to court and what time frame is required to file 482 for quashing before i can move high court and will it be helpfull..coz we have not committed any criminal offence against my wife..
s.subramanian (Expert) 19 December 2010
No time limit is there for filing quash petition. But do it immediately.
Advocate Bhartesh goyal (Expert) 19 December 2010
yes you can move.
ashish lal (Expert) 19 December 2010
agree with experts
Arun Kumar Bhagat (Expert) 19 December 2010
There is no time limit. Quashing is meant to protect the abuse of process.
Arun Kumar Bhagat (Expert) 19 December 2010
There is no time limit. Quashing is meant to protect the abuse of process.
Guest (Expert) 19 December 2010
Don't waste time in applying for quashing of proceedings in High Court - Quashing or proceedings is not done by our High Courts in India. It is done only in rarest of rare cases where mistake of fact or mistake of law is apparent on the face of record. Better face trial and prove your innocence and save time, money and energy.
G. ARAVINTHAN (Expert) 19 December 2010
You have to file proceedings for Quash as early as you can
Advocate. Arunagiri (Expert) 19 December 2010
Well advised by experts.
Parvez A G (Querist) 19 December 2010
Thanks all the EXPERTS for valuable advice and now she has file Maintenence under CRPC 125 for maintenence for her and my baby girl which she app 2 years but i have produce her income tax return where she has filed returns 2006-2007 to 2008-2009 and the allegation of having wanted baby boy. We have submitted the photograph in hospitally all the family members were happy and the sixthday was celebrated in my wife house and the one and half month stay of her in her parent house for rest. there also we have taken that we were taking due care of her. So i would like to know what kind of judgement would come if i have submitted the document in Family Court Ahmedabad.. After she file a Domestic Violence act on me and i have already appeared before the magistrate but the stage of Proof that my wife have to submitt in the court but till date they have not submitted as her word can be taken on oath as proof evidence ? How it is possible that she ask from both side and can i submit the same document before the magistrate. If she has not to been subjected to Domestic Violence as she was away from 1.9 month and we have made a application Mahila Crime Branch to call on (21/03/2010)her back before they file a case 498a on 24/03/2010. So what can i do in CRPC125 and DV act.
Parvez A G (Querist) 19 December 2010
Thanks all the EXPERTS for valuable advice and now she has file Maintenence under CRPC 125 for maintenence for her and my baby girl which she app 2 years but i have produce her income tax return where she has filed returns 2006-2007 to 2008-2009 and the allegation of having wanted baby boy. We have submitted the photograph in hospitally all the family members were happy and the sixthday was celebrated in my wife house and the one and half month stay of her in her parent house for rest. there also we have taken that we were taking due care of her. So i would like to know what kind of judgement would come if i have submitted the document in Family Court Ahmedabad.. After she file a Domestic Violence act on me and i have already appeared before the magistrate but the stage of Proof that my wife have to submitt in the court but till date they have not submitted as her word can be taken on oath as proof evidence ? How it is possible that she ask from both side and can i submit the same document before the magistrate. If she has not to been subjected to Domestic Violence as she was away from 1.9 month and we have made a application Mahila Crime Branch to call on (21/03/2010)her back before they file a case 498a on 24/03/2010. So what can i do in CRPC125 and DV act.
SANGAR GANESH V S (Expert) 19 December 2010
you have to prove there is abuse of process..you can succeed..
Pritam Saini, Advocate (Expert) 20 December 2010
I agree with expert


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