Right time for quashing 498a ?

Dheeraj kumar (Querist) 16 August 2013 This query is : Resolved
HI Expert

Right now my wife put 498A and DV case, it has been more than 7-months the charge sheet has not been filed and in DV case she is not coming from three consecutive date , even her lawyer.

Can I go for quashing of 498A case at this time if yes what could be my major points that should be included while filing a quashing petition. (Under sec 482)

Thanks

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Devajyoti Barman (Expert) 16 August 2013
Before the submission of charge sheet it is not advisable to go for quashing.
Wait for some time.
For points you have to take help of an advocate.

Rajendra K Goyal (Expert) 16 August 2013
Wait till the charge sheet is filed for going for quashing.

Raj Kumar Makkad (Expert) 18 August 2013
If your wife or her lawyer is not appearing in DV case, it can be go dismissed on default even orally but for 498A case, she is not required to attend the court except on the date of her statement. There is no stage for quashing as on day.

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