Quash
Querist :
Anonymous
(Querist) 28 June 2010
This query is : Resolved
Whats the procedure in 498a quash
Will the quash case can be filled in HC even chargesheet has not been done by PS?
Or quash is depended on chargesheet sent to the court by SHO?
Guest
(Expert) 28 June 2010
quash petiton can be filed before filing the charge sheet and after filing the charge sheet or during the evidence stage also. The things the court would consider at each and every stage are different. At the time before charge sheet, the court will consider the FIR and without going to rowing enquiry, just simply assume that the allegations are proved in the FIR and even then offence cannot be made out, then only quash the FIR. Some of the advocates with vested interests and some of the Associations of champions of men's cause or groups of women hatreds, advise the accused to go to High Court for quashing of the FIR and rarely High Court intervenes due to the settled law on this point. Even after filing of the charge sheet also, one can go to HC for quashing on the basis of the record available (FIR, section 161 statements, medical reports etc.)saying that prima-facie the charges cannot be proved. In the ongoing prosecution evidence stage also, one can go for quashing by saying that the material witness of the prosecution failed to prove the charges and hence, further trial may become futile. But, always, the HC is hesitant to quash the FIR or criminal proceedings.
Devajyoti Barman
(Expert) 28 June 2010
Yes ,I fully support the views expressed by Mr Prabhakar.
Uma parameswaran
(Expert) 28 June 2010
Quash petition can file before filing charge sheet.If quash petition is filing after charge sheet the Court will receive full view of the offence and chances for the accused to prove his innocence is also high.
