quash of 498a
sneha
(Querist) 22 September 2009
This query is : Resolved
Can a 498a case be quashed when there is no evidence and it is a false case just to harrass the in laws. In such case is there any procedure to dismiss the case. If Yes then what is the procedure.riven
Kiran Kumar
(Expert) 22 September 2009
yes, if the FIR or the criminal case is just an abuse of process of law then it can be quashed.
for this purpose a petition for quashing of FIR has to be filed, before the concerned High Court, under s.482 Cr.P.C.
pls refer to a judgment of SC
State of Haryana v/s Ch. Bhajan Lal
AIR 1992 SC 604.riven
Shivasurya
(Expert) 22 September 2009
Hi Sneha, you can rightly file quash petition before the Highcout of your state. Is there any previous divorce petition is filed or pending, you can clearly mention the earlier divorce petition with Petition No. along with certified copy of the petition. There are more chances for quashing the false caseriven
sneha
(Querist) 22 September 2009
but i hv got lawyer's advice that any kind of cases can be quashed except 498ariven
Raj Kumar Makkad
(Expert) 22 September 2009
If trial is going on and no evidence has come against your clients, the accused have definitely to be acquitted then why to go in quashing before HC? However, you may also move petition under section 482 Cr. P. C. for quashing. there is no bar even if FIR is under section 498A of IPC.riven
joyce
(Expert) 22 September 2009
In criminal cases quash is one remedy gettg from high courts, also if in lower courts if in evidence wittness turns hostile then accused will be acquited, [state cases cannot be withdrawn,but private complaints can be withdrawn].riven
Kiran Kumar
(Expert) 22 September 2009
sneha every case has its own merits...
S.498-A IPC is not an exception to quashing petition...
since the facts of ur case are not in front of us so precise reply can not be given.
take assistance of some other local lawyer as well.riven
Bhumik Dave
(Expert) 23 September 2009
file an application u/s 482 Cr.P.C. in the h c.riven
sneha
(Querist) 25 September 2009
thanks to all the experts
Sachin Bhatia
(Expert) 27 September 2009
Yes, if the FIR is just an abuse of process of law then it can be quashed. You should approch to H.C. in this regard.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 23 September 2009
