Fighter 26 April 2017

498a query

Hello All,

Can you answer my two queries mentioned below??

Where will 498A can be applied/Filled by wife?? In Police station or in Court??
Whether 498A can be Quashed in High court similarly like Quashing DV Case.

Thanks for your replies !!

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2 Replies

Sachin (N.A) 26 April 2017

Originally posted by : Fighter

Hello All,

Can you answer my two queries mentioned below??

Where will 498A can be applied/Filled by wife?? In Police station or in Court??

Both obtions are open to lady she can file either in police station or in court.

Whether 498A can be Quashed in High court similarly like Quashing DV Case.

Yes, HC can quash the proceedings of 498a

Thanks for your replies !!

498a victim (job) 26 April 2017

Agreed with mr.sachin

She can file cases at the place of her choice, either to police station of direct in court

ANd if you have enough proofs than you can go to high court of respective jurisdictionary for quashing the 498a case under section 482

The High court can use its inherent power to quash the FIR or chargesheet based of the facts and material available.

in general its seen that the names of relatives living at different places are quashed, but is some cases its seen that even husbands name as also quashed

For your reference sending you the copy of judgement by gujarat high court and mp high court of 2017

hope it will help you

like my post if its helpfull to you.

Attached File : 348038 20170426190333 20872132 mcrc 16651 2015 order 06 feb 2017.pdf, 348038 20170426190339 20872132 952.pdf downloaded: 72 times