wife fill 498-A complain after filling Husband divorce petition with malafide intention
Querist :
Anonymous
(Querist) 02 November 2010
This query is : Resolved
First of all husband fill divorce petition U/S 13 in Hindu Marriage Act in Gujarat on feb 2010 on ground of 2 year judicial separation. Than on july 2010 wife fill 498-A and 406 IPC FIR against husband with malafide intention in Rajasthan Court coz she is living in rajasthan. In this case there no injury report of wife. Now husband get anticipatory bail on sep 2010 from Rajasthan Court and polite still not fill challan in court in this case how to quash FIR and plz suggest some ruling for quashing that type of case.
Devajyoti Barman
(Expert) 02 November 2010
You have to mention for what 'type' you are asking for decision on quashing. The power of the high court on the matter of quashing is used very sparingly and the success rate in quashing is always very negligible.
If from the prim facie perusal of the FIR it could be established that the allegations are not maintainable then only the quashing gets allowed. Mere falsity in the allegations are no ground for quashing.
