Quashing of fir
Rajiv
(Querist) 06 August 2014
This query is : Resolved
dear sir,
i filed a dioverse case agiinst my wife . afther that she has filed 498 a case against all my family. my marriage solominised in 1999. we have filed a quashing of fir in high court patna. but court of anjana prakash has rejected my petition.we want file a petition in supreme court. can u advice me in this matter.
Devajyoti Barman
(Expert) 06 August 2014
Going for SLP against refusal order of quashing is not a bright idea at all.
Quashing would never be allowed if there is even a slightest of allegation disclosing a commission of offence, truly or falsely.
Const the case on merit.
Prashant Kumar Jha
(Expert) 06 August 2014
I do agree with my learned frnd suggestion. You first can go for anticipatory bail as there is latest direction of supreme court regarding relatives &husband.
ajay sethi
(Expert) 06 August 2014
contest 498A case on merits before trial court
Nadeem Qureshi
(Expert) 06 August 2014
Dear Querist
wait till the submission of Charge sheet, then file quashing petition again before HC.
if you want to file SLP against the order of rejection of the HC Court then contact a lawyer and file SLP before SC after getting certified copy of the HC order.
Feel Free to Call
Rajendra K Goyal
(Expert) 06 August 2014
Filing SLP is not advised in the present circumstances. May file quash after the charge-sheet is filed. Better proceed with the case on merits.