498A quash

Though there is no data available on this matter but on the basis of my personal experience I can say that allmost vevery FIR / Charsheet / Complaint u/s 498 A comes to high court for quashing but rerest of rare cases are quashed. The common relief granted by the High Court is - stay of arrest till submission of charge sheet or a direction for consideration of bail on same day if charge sheet has been submitted. Roughly I can say that 99% prayers for quashing are dismissed.

Hi Tripathi,

If I understand you correctly, 99% of  498A cases which comes for quashing will not be quashed, only 1 % of the cases will be quashed, am I  correct? So even if I go to high court for quashing the chances of quashing my cases is just 1 % ?

Here I want to bring one point to your notice, before she files 498A case in her hometown (NOV-2009) , she given a complaint in my home town (i.e in SEP-2009). The first complaint which is given in my home town is not registerd, however the local polices conducted family counseling between my brother and his wife.

There are lot of changes between the first complaint and second complaint (what she was given in her home town) ,  in the first complaint she mentioned only her husband name (my brother) and mother-in law name (my mother), neither my name nor younger brother name mentioned in that. Basesd on this , if I go to high court to quash atleast  my name and my younger brother name , will it work?

Thanks,

Masthan

If there is a primafacie case against the accused the Hon'ble High Court will not entertain the quashing petition.

problem is democracy and the constitution of this great country, which have grown irrelevant in todays terms and both need a major change

Almost every case filed u/s 498-A goes for quashing in High Court by invoking 482 Cr.P.C. but in rarest cases the case is quashed if prima-facie the case is based on false facts and allegations

Hi Advocates,

Thanks for all your suggestions and your time. Here I want to tell few things about my case

(1) The case is not at primafacie. Polices arrestes us and we came out on bail.

(2) The local polics mostly files charge sheet in a month (becuase case is registered almost 3 months back)

(3) The reason for going high court is as below.

   (a) It is 100 % false case

    (b) Before she gives a complaint in her hometown , she given a complaint at my home town (this is not registered , the local polices conducted family counseling between my brother and his wife) , in that complaint she didnt mentioned my name. Only in the second complaint.

   (c) In the second complaint also she didnt mentioned any dates when we harrsed her and on her body she dont have proofs that we harassed her and even she also didnt any thing on that. She just said that we are harassing her for 30K dowry and we are insulting her preganency by doubting her character.

(d) 
Prior to she give any complaint in any of the police stations , I given a complaint against her and her relatives in the local police station saying that they are blackmailing me for their demands  and if I dont agree for their demands ( in my family I am the key person for money) using the loop holes in the law we will send u to jail and we will spoil ur career.  But polices didnt taken any action against my complaint. I sent my complaint through registered post and I have all the documents of the post

Can I go for quashing based (a) , (b) , (c) and (d) ?

YOU HAVE VERY GOOD GROUNDS FOR QUASH/STAY OF FURTHER PROCEEDINGS IN H.C.

LET ME MAIL ALL DOCUMENTS, WE CAN HELP YOU.