Rahul Choudhary 20 January 2018

498a quashing in high court

Hi Experts

My Mutual Concent divorce is in process and I want to know these questions regrading the 498A quashing in High Court:

What is the process for High Court to quash 498A FIR
How long does it takes in terms of dates? Can we get faster dates if requested?
How can we expedite the process if we can from our side?
What is the role of IO for the appearance? Should we say Hello to IO to come on time?
What can be the delays in proceedings?
I seen somewhere if its only a matrimonial matter the lower court can also quash 498A?

I am asking these questions because I get different answers talking to 2 people.

Thanks

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5 Replies

Adv. SIddharth Jain (Advocate ) 20 January 2018

you'll have to file a petition 482 Crpc to quashing of FIR. time depends from state to state.
Lower court cannot quash 498a.
For any other queries feel free to contact me at 7709690578

Sachin (N.A) 20 January 2018

Originally posted by : Rahul Choudhary
	Hi Experts My Mutual Concent divorce is in process and I want to know these questions regrading the 498A quashing in High Court: What is the process for High Court to quash 498A FIR How long does it takes in terms of dates? Can we get faster dates if requested? How can we expedite the process if we can from our side? What is the role of IO for the appearance? Should we say Hello to IO to come on time? What can be the delays in proceedings? I seen somewhere if its only a matrimonial matter the lower court can also quash 498A? I am asking these questions because I get different answers talking to 2 people. Thanks

In Delhi you first have to take divorce decree before going for quashing in HC, Sign a settlement deed with opposite party specifically mentioned that she will coprate in quashing of fir which includes issue of NOC/Affidavit / personal appearance before HC, if required. Get the Affidavit signed by the complainant at the time of second motion of divorce.

Then file quashing petition in HC . HC may or may not call the complainant. It will take approx 1 month for quashing of FIR

Rahul Choudhary 20 January 2018

Thanks Sir. What should I do expedite the process? If I can.

Should I need to employ the High Court Lawyer to fast the process or my lower court lawyer can do this.

Sachin (N.A) 20 January 2018

Originally posted by : Rahul Choudhary
	Thanks Sir. What should I do expedite the process? If I can. Should I need to employ the High Court Lawyer to fast the process or my lower court lawyer can do this.

You need to check whether your lawyer is experienced in handling the case in HC or not.

Sachin (N.A) 20 January 2018

Originally posted by : Rahul Choudhary
	Thanks Sir. What should I do expedite the process? If I can. Should I need to employ the High Court Lawyer to fast the process or my lower court lawyer can do this.