498 quashing
Rahul F
(Querist) 10 March 2016
This query is : Resolved
Hi,
I had filed Divorce petition in 2009.
Wife had assaulted my mother; a criminal case had been filed under 324 against wife in mar 2010. After that wife had filed a false case under 498a in jun 2010. I. 2014 Family court granted me divorce under cruelty. However 498 case is still pending and causing harassment to me n family. Can I apply for quashing of 498 case ?.. In which Cort
Thanks.
Advocate Kappil Cchandna
(Expert) 10 March 2016
Sir,
Yes the quashing can be done in High Court, but the 498A is totally independent of the Divorce case and has to be quashed on its merits.
Warm Regards
Kapil Chandna Advocate
9899011450
P. Venu
(Expert) 11 March 2016
You can move a discharge petition in the trial court and quash petition in the High Court. The verdict will depend upon the facts and circumstances.
Such petitions are allowed if the alleged acts that constitute the charges taken as a whole and accepted at its face value does not disclose the offence alleged
Adv. Yogen Kakade
(Expert) 12 March 2016
Yes you can file for the discharge in the same trial court and also quashing in the High Court.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
