Savleen Singh (Rikshaw Puller) 20 August 2012

Can a 498a "complaint case" be quashed?

Hi Veterans,

My wife filed a 498a "complained case" against my family and me in the court. Till date my brother was going to court but last time i received the summons and appeared before the court.

Its totally baseless and doesn’t come under territorial jurisdiction as well.

My Question: Can we go for quashing/tranfering it ( offence mentioned in the complaint are from where we last resided ? Can anyone provide me judgments related to it? What wud be the procedure for it ?

Thanks

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4 Replies

Yogesh Anand (Head- Legal AVP) 20 August 2012

since it is a COMPLAINT CASE you have the right to defend it before the magistrate and prove you innocense. regarding jurisdiction you can bring out the facts stated in the complaint to establish that events have happened beyond the jurisdiction of this court. being seroious issue you are well advised to engage some good lawyer expert in such cases.

1 Like

Guest (Guest) 21 August 2012

Jurisdictional based quashing is possible only if no cause of action accrued to the complainant at the place where the complaint/FIR has been made, and ought to be argued with a lot of perseverance as once a false jurisdiction is created it is generally presumed that jurisdiction lies with the place where the complaint has been filed.

Regards

Ashish Davessar

Advocate

Punjab and Haryana High Court

Supreme Court of India

2 Like

Navin Kashyap (NWM) 24 August 2012

Can the court quash the FIR under 498A which is filed after the husband has filed divorce case?

Yogesh Anand (Head- Legal AVP) 24 August 2012

Depends on the grounds for seeking quash of proceedings. The inherent powers of High Court under sec. 482 of CrPC are wide enough to quash proceedings in criminal case.