498a quash citation

Okay, my brother in laws are not cooperating and they are not sending my sister to courts and they are residing in different state,, that is the reason why i filed petition for quashing to remove accused 2-5 from charge sheet.

Concentrate on the proceedings in the lower court,instead running to HC,where U may not get positive verdict.

i searched and found few citations where high court of karnataka has quashed accused 2-X, i will try to get my case also get quashed..

@TGK & Sainath: Any reason why my case cannot be quashed?? we got ACB and got regularised and my sisters and paretns attended court on few trails but now they are not attending coz of differences with my brother in laws.

Good luck gentleman.

Dont get to a conclusion saying innocent complainant? how come you tell all complainants are innocent, my sisters are married and leading a happy life with their husbands far from  my family how come a innocnet file case against them??

Dear Querist,don't get frustrated as UR replies suggest.All the accused who are incorporated in the chargesheet have to attend court and prove themselves innocent to the charges,there can't be exceptions.Understand,regarding quash etc,better rely on UR personal lawyer,who will be the person alongside all of U accused in the proceedings.

i feel you are very proud of 498a, where 98% of the cases are fake, which has a provision to include who ever they want and ask them to come and prove they are inncoent.

Enjoy Below Judgement

As per Supreme Court Judgement

In Cr. APPEAL NO. 773 OF 2003 of Sundar Babu & Ors.   .as Appellant(s) Versus State of Tamil Nadu as Respondent(s)

Court should also consider the condition, Circumstances for quashing

 498-A.

1. Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.   
2.  Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.    
3.  Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.   
4.  Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the Code.    
5.  Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.  
6.  Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.   
7.  Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."