vishak (manager) 12 October 2012
Dear All
In my case of 498(a), Police has given FR after taking bayan in writing from my wife in presence of relatives (being witness), now i am in apprehension that she would not accept FR in court (being psycho)and accordingly court can take cognigence.If not she would protest FR in higher court of law.
Meanwhile would it be prudent to go for 482 quashing and is it possible ?
Pls guide me ?
Raja (XYZ) 12 October 2012
yes, it can be.
Guest (Guest) 12 October 2012
The sine qua non to succeed in quashing is to prove the abuse of judicial process, to ascertain which the HC will not look beyond the allegations in the FIR. If your lawyer is of the opinion that it can be done then go ahead and file quashing.
Good luck..!
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
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