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(Guest)

498a fir quash

My lawyer is suggesting me to go for FIR quash. Will it be wise to go ahead with it. 

what are the pro's and con's of it?



Learning

 4 Replies

Saurabh..V (Law Consultant)     02 September 2013

@Author

 

First you should understand the "Quash" proceedings. No Hon'ble High Court shall be pleased to allow a Quash Petition merely because you feel it is a false case.

 

The theory of quashing says, that the court concerned shall presume that all allegations in the FIR are true, and if no offence of made out, then the court may proceed to quash the case. Else, no case shall stand a chance in such matters under 482CrPC.

 

Please note, you would have to assist the court in arriving at a conclusion to give verdict in your favor. Only in very rare cases, the High Courts quash the case. Unless facts of your case are not know, any legal suggestion beyond what has been stated shall be futile.

 

All the best!

 

//peace

/Saurabh..V

 

1 Like

(Guest)
Originally posted by : Saurabh..V


@Author

 

First you should understand the "Quash" proceedings. No Hon'ble High Court shall be pleased to allow a Quash Petition merely because you feel it is a false case.

 

The theory of quashing says, that the court concerned shall presume that all allegations in the FIR are true, and if no offence of made out, then the court may proceed to quash the case. Else, no case shall stand a chance in such matters under 482CrPC.

 

Please note, you would have to assist the court in arriving at a conclusion to give verdict in your favor. Only in very rare cases, the High Courts quash the case. Unless facts of your case are not know, any legal suggestion beyond what has been stated shall be futile.

 

All the best!

 

//peace

/Saurabh..V

 

 


 


 

how to stop this quash 498a?what is the counter for this? what are the grounds  to quash 498a ? if quashed 498a how to reopen the case/ is it possible to reopen?


(Guest)

It is unfair on my part to suggest anything unless you come with full/potential facts. If there is substantial errors in the material facts towards the commission of the alleged offence,there may be good chance to getting it quashed.

 

Coming towards another question whether and how to reopen a case after it has been quashed,the answer lies in special leave to appeal under Article 136 of Constitution of India.

Saurabh..V (Law Consultant)     03 September 2013

@Author

 

Please consult a local lawyer. Proceedings for Quashing a FIR are very different from any other case in High Court.

 

//peace

/Saurabh..V

 

 


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