Arjun Gupti (Business) 24 July 2012

Advice on quashing fir in 498a case?

Hi,

I would like to know the process for filing QUASHING OF FIR based on false charges. Does court quash FIR if boy has enough proofs? What if court rejects this quashing request - will it mean PANGA with the police? Please advice. In our case the girl was not staying with us for 1.5 years and still FIR GOT LAUNCHED by police? WHY?

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 July 2012

1. There is no limitation as such, and the courts always have the power to condone delay. However the fact that she filed the case after 1.5 years of seperation - would significantly dilute the nature of her case, and put the court on guard to ensure that this is not just an AFTERTHOUGHT.

2. Don't worry about Panga - if otherwise your case is fit for quashing.

3. Quashing is done only in extreme cases, where on the very face of it case appears to be mala fide or even if allegations are accepted in their entirety and assumed to be correct - ingredients of 498a are not satisfied. If you satisfy these criterias - go in for a quashing.