498a quashing with dissolution of marriage

Originally posted by : Soma
	My sister in laws had filled a 498a for which we had applied gor quashing in kolkata hight court but it is still pending.   she had also applied for dissolution of marriage on the lower court.Court has granted the dissolution of marriage.Now my brother is divorced. My high court lawyer is now asking for the divorce order to get the quashing done. I want to know:   1. The divorce is not mutual consent divorce.So can it be used for quashing.    2. Why divorce order required ? Can't the quashing done without the divorce order.    2. Will there be any prb later if we get the quashong done with the divorce order

Dissolution of marriage is not a ground or even helpful in 498A Quash, if complainant wants to pursue the case(within 3 years of alleged offences)

Quashing in 498a is rare as normally  such  complaints are cooked in consultation with lawyers.It seems you have directly approached HC lawyer without consulting your sessions court lawyer.there are options in sessions court itself, depending on case details.

regards ASHOK

In my case the 498a complaint was made on 08/04/2013 informing the events before April 2010. On 5/11/2014 I got divorce on the basis of desertion and cruelty of wife. Desertion from April 2010 proved. Previously in FIR the final report has beeen submitted but by presenting protest petition an order of further investigation got issued by magistrate. On the order of further investigation recently a challan was presented and cognizance by court has been taken on 06/10/2015. 

Is it not violative of CRPC 468 and 498a itself.?

Quashing of Fir is rare, as evidence are appriciated in lower courts only, if FIR does not disclose 498a or there is jurisdiction error then only it can be quashed.

Thanks & Regards

Nitish Banka

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