Dowry harrasment

Querist : Anonymous (Querist) 21 May 2022 This query is : Resolved
Dear expart,
After 4 years of saperation & immediately after filing divorce by me my wife has filed 498 A after 494 IPC case. There is no ingeredient of 498A in the complaint.As per her complaint with whom I have married, is legally married wife of somebody else.
Police has filed charge sheet against me.
Can I go to high court to quash FIR ?

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Dr J C Vashista (Expert) 22 May 2022
Neither the police can take cognizance nor register FIR in a case under section 494 IPC.
Besides this, it cannot be clubbed with an offence u/s 498A IPC.
It is better to consult and engage a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding / contesting to defend yourself, if it is a true story.

SHIRISH PAWAR, 7738990900 (Expert) 22 May 2022
Hello,

You have to fight out the case as the FIR is already filed. The ground stated by you in the query is good ground to defend the case u/s. 494 IPC. You may also go to the high court if you find that there are no ingrediants of 498A and 494 IPC for quashing of FIR.

Advocate Bhartesh goyal (Expert) 22 May 2022
You may file quash petition before H.C but chances of success are least, you have to face trial.

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